Polk County Case Number 2019CF000018 State of Wisconsin vs. Robert J. Bushway

The defendant was charged with both OWI (4th) and Operating w/ PAC (4th). The defendant was found guilty of OWI (4th) and the other charge, Operating w/ PAC (4th) was dismissed by the court.

Robert J. Bushway was found guilty of OWI (4th), a class H felony, Wisconsin Statutes 346.63(1)(a).

Polk County Case Number 2019CF000018 State of Wisconsin vs. Robert J. Bushway
Case summary

Filing date
01-10-2019

Case type
Criminal

Case status
Closed – Electronic filing

Defendant date of birth
07-31-1948

Address
PO Box 463, Milltown, WI 54858

Branch ID
2

DA case number
2019PL000030

Case(s) cross-referenced with this case
2019TR000080

Charges
Printable version

Responsible official
Anderson, Jeffery L.

Prosecuting agency
District Attorney

Prosecuting agency attorney
Wood Webster, Holly D.

Defendant owes the court: $1,494.00

Count no. Statute Description Severity Disposition
1 346.63(1)(a) OWI (4th) Felony H Guilty Due to Guilty Plea
2 346.63(1)(b) Operating w/ PAC (4th) Felony H Dismissed on Prosecutor’s Motion

The Defendant was charged with the following offense:

Count
1

Statute cite
346.63(1)(a)

Description
OWI (4th)

Severity
Felony H

Offense date
01-08-2019

Plea
Guilty on 01-17-2020

On 01-17-2020 there was a finding of:

Action
Guilty Due to Guilty Plea

Court official
Anderson, Jeffery L.

Notes

On 01-17-2020 the following was ordered:

Sentence
DOT License Revoked

Time
1 Life

Begin date

Notes
May apply for reinstatement after 10 years.

Sentence
Alcohol assessment

Time

Begin date

Notes
Must complete an AODA assessment and comply with recommendations.

Sentence
Ignition interlock

Time
24 Months

Begin date

Notes
Ignition Interlock Device (IID) shall be installed in all vehicles registered under Defendant’s name. IID shall be installed prior to Defendant obtaining a valid driver’s license or occupational license. However, the length of Ignition Interlock Device will begin when a valid driver’s license or occupational license has been issued. (Call Department of Motor Vehicles with questions).

Sentence
Probation, Sent Withheld

Time
2 Years

Begin date

Notes
Must report to Probation today.

Condition Time Notes
Jail time 29 Days Subject to good time and work release.
Fine $1,744 fine/costs to be paid to the Clerk of Court’s office within 60 days or set up payment plan. Failure to pay may result in a tax intercept, license suspension, warrant and/or civil judgment subject to collection efforts. Bond to be applied and is to go toward initial payment if payment plan is set up.
Costs $250.00 DNA surcharge to be paid to the Clerk of Court’s Office within 60 days or set up payment plan. Failure to pay may result in a tax intercept, license suspension, warrant and/or civil judgment subject to collection efforts. Bond to be applied and is to go toward initial payment if payment plan is set up.
Alcohol treatment Must undergo alcohol monitoring/treatment as ordered by Probation.
Firearms/Weapons Restriction May not possess or use firearms and, if considered a violent felony, no body armor.
Prohibitions Cannot vote until civil rights restored, cannot hold elected office, other civil rights may be lost until restored. If not a US citizen, may face deportation or loss of other citizenship rights.
Other Must follow rules of supervision. Must provide a DNA sample. Under Wisconsin Statute 165.76, you are required to provide a biological specimen to the Wisconsin Department of Justice for deoxyribonucleic acid (DNA) testing. If you fail to provide a DNA sample, you may be held in contempt and subject to sanctions or charged with a new crime.

Count
2

Statute cite
346.63(1)(b)

Description
Operating w/ PAC (4th)

Severity
Felony H

Offense date
01-08-2019

Plea

On 01-17-2020 there was a finding of:

Action
Dismissed on Prosecutor’s Motion

Court official
Anderson, Jeffery L.

Notes
Merged & Dismissed

Charge history

This history reflects charges that were issued by the District Attorney earlier in the case. Current charges can be seen above. Changes to charges can be made for many reasons, often based on the District Attorney’s ongoing assessment of the case. The case file may contain more information. Unless a Judgment of Conviction is entered, the defendant is presumed innocent of all charges.
Count Statute Description Replaced by
1 346.63(1)(a) OWI (5th or 6th) Information Filed
1 346.63(1)(a) OWI (5th or 6th) Information Filed
1 346.63(1)(a) OWI (5th or 6th) Information Filed
1 346.63(1)(a) OWI (4th) Information Filed
2 346.63(1)(b) Operating w/ PAC (5th or 6th) Information Filed
2 346.63(1)(b) Operating w/ PAC (4th) Information Filed
Defendant

Defendant name
Bushway, Robert J.

Date of birth
07-31-1948

Sex
Male

Race
Caucasian

Address (last updated 01-17-2020)
PO Box 463, Milltown, WI 54858

JUSTIS ID

Fingerprint ID

Attorneys
Attorney name Entered Withdrawn
McMullen, Lynne 01-16-2019 11-14-2019
White, Nicholas R 11-14-2019

Citations
Citation BD1574311

Defendant name
Bushway, Robert J.

Date of birth
07-31-1948

Sex
Male

Address (last updated 01-17-2020)
PO Box 463, Milltown, WI 54858

Bond amount

Deposit type
None

Appearance date and time
01-08-2019 11:04 pm

Mandatory
Yes

Plate number
350XEJ

State
WI

Expiration
2019

VIN
1FMZU84P5YZA20328

Issuing agency
Milltown Police Dept.

Officer name
Thayer, Shaun

Violation date
01-08-2019

MPH over

Plaintff agency
State of Wisconsin

Ordinance or statute
Statute

Statute
346.63(1)(a)

Charge description
OWI (5th or 6th)

Severity
Felony G

Citation AU0973523

Defendant name
Bushway, Robert J.

Date of birth
07-31-1948

Sex
Male

Address (last updated 01-17-2020)
PO Box 463, Milltown, WI 54858

Bond amount

Deposit type
None

Appearance date and time
03-22-2019 04:25 pm

Mandatory
Yes

Plate number
350XEJ

State
WI

Expiration
2019

VIN
1FMZU84P5YZA20328

Issuing agency
Milltown Police Dept.

Officer name
Thayer, Shaun

Violation date
01-08-2019

MPH over

Plaintff agency
State of Wisconsin

Ordinance or statute
Statute

Statute
346.63(1)(b)

Charge description
Operating w/ PAC (5th or 6th)

Severity
Felony G

Court record
Date Event Court official Court reporter Amount
01-20-2020 Assessment Report
01-20-2020 Judgment of conviction Anderson, Jeffery L.
01-20-2020 Conviction status report

Additional text:
Associated with Charge #1

01-20-2020 Cash bond applied $500.00

Additional text:
20A 000303

01-17-2020 Dispositional order/judgment Anderson, Jeffery L.
01-17-2020 Appeal rights/info on postconviction relief
01-17-2020 Change of address notification for Bushway, Robert J.

Additional text:
ADDRESS INFO for Robert J. Bushway Current: PO Box 463, Milltown, WI 54858 United States (Effective: 01-17-2020) Prior: 63 Main St E, Milltown, WI 54858

01-17-2020 Other papers Anderson, Jeffery L. Jeske, Kaurie

Additional text:
DNA Submission Acknowledgment Form

01-17-2020 Plea questionnaire, waiver of rights Anderson, Jeffery L. Jeske, Kaurie
01-17-2020 Plea hearing Anderson, Jeffery L. Jeske, Kaurie

Additional text:
10:41 AM. CASES: 19CF18 & 19TR80. Defendant Robert J. Bushway in court with attorney Nicholas R White. Kenneth N. Sortedahl appeared for the State of Wisconsin. CW-clerk. Amended Information to be filed. 19CF18-Count 1-OWI 4-guilty plea. CT accepts plea, adj guilty & judgment entered. Count 2-M&D 19TR80-dismissed. CT finds def waiving PSI. SENTENCE: w/h, probation 2 yrs. Subject to 346.65(d)(m)-29 days PCJ, subj to GT & WR. Must report no later than 7 pm tonight, 1/17/2020. Credit 5 days credit. Add’l credit to be provided to the court by 1/24. DNA sample, $250 surcharge, $1744 fine. Bond to be applied & can go toward initial payment of pp. 60 dtp or set pp, ftp-judgment. AODA. Must undergo alcohol monitoring/treatment as prescribed by probation. Must report to probation today. Lifetime revocation, may apply for reinstatement after 10 yrs. 24 mo IID. May not possess or use firearms and, if considered a violent felony, no body armor. Cannot vote until civil rights restored, cannot hold elected office, other civil rights may be lost until restored. If not a US citizen, may face deportation or loss of other citizenship rights. PCR. 11:43 am adj.

01-17-2020 Amended information
12-09-2019 Notice of hearing

Additional text:
Plea hearing on January 17, 2020 at 10:15 am.

12-09-2019 Pre-trial conference Anderson, Jeffery L. Jeske, Kaurie

Additional text:
CASES: PTC in 19CF18 & STC in 19TR80. Defendant Robert J. Bushway in court with attorney Nicholas R White. Kenneth N. Sortedahl appeared for the State of Wisconsin. 8:38 a.m. AO-Clerk. Bond cont. 8:42 a.m. adj. Plea hearing scheduled for January 17, 2020 at 10:15 am.

11-14-2019 Public defender order appointing counsel

Additional text:
Nicholas White

11-04-2019 Notice of hearing

Additional text:
Pre-trial conference on December 9, 2019 at 08:30 am.

11-04-2019 Warrant/Capias/Commitment canceled for Bushway, Robert J. Anderson, Jeffery L. Jeske, Kaurie
11-04-2019 Return on warrant Anderson, Jeffery L. Jeske, Kaurie

Additional text:
CASES: 19CF18 & 19TR80. Defendant Robert J. Bushway in court with attorney Lynne McMullen. Kenneth N. Sortedahl appeared for the State of Wisconsin. CW-clerk 1:17 pm. Warrants quashed, bond reinstated. Bond cont. 1:21 pm adj. Pre-trial conference scheduled for December 9, 2019 at 08:30 am.

11-01-2019 Bench warrant issued for Bushway, Robert J. Anderson, Jeffery L.
11-01-2019 Bench warrant authorized for Bushway, Robert J. Anderson, Jeffery L. Jeske, Kaurie
11-01-2019 Pre-trial conference Anderson, Jeffery L. Jeske, Kaurie

Additional text:
CASES: 19CF18 & 19TR80. Defendant Robert J. Bushway not in court. Kenneth N. Sortedahl appeared for the State of Wisconsin. Attorney Lynne McMullen in court for Defendant Robert J. Bushway. CW-clerk 10:37 am. ADA-request warrant. CT-warrant auth. 10:38 am adj.

09-17-2019 Amended information
09-06-2019 Notice of hearing

Additional text:
Pre-trial conference on November 1, 2019 at 10:15 am.

09-06-2019 Motion hearing Anderson, Jeffery L. Jeske, Kaurie

Additional text:
CASES: 19CF18 & 19TR80. Defendant Robert J. Bushway in court with attorney Lynne McMullen. Jeffrey Lawrence Kemp appeared for the State of Wisconsin. CW-clerk. Kemp-stipulate to collateral attack. CT-motion granted. Bond cont. 11:17 am adj. Pre-trial conference scheduled for November 1, 2019 at 10:15 am.

09-05-2019 Transcript

Additional text:
for Collateral Attack Motion 7/14/08- filed by atty McMullen

09-05-2019 Transcript

Additional text:
for Collateral Attack Motion 12/28/09 – filed by atty McMullen

09-05-2019 Notice of motion, motion

Additional text:
to Collaterally Attack Prior Conviction- filed by atty McMullen

07-15-2019 Notice of hearing

Additional text:
Motion hearing on September 6, 2019 at 10:30 am.

07-15-2019 Pre-trial conference Anderson, Jeffery L. Stone, Bruce

Additional text:
CASES: 19CF18 & 19TR80. 4:44 PM Defendant Robert J. Bushway in court with attorney Lynne McMullen. Jeffrey Lawrence Kemp appeared for the State of Wisconsin. RL-clerk. Atty McMullen- requesting a motion hearing. Bond cont. 4:45 pm adj. Motion hearing scheduled for September 6, 2019 at 10:30 am.

06-12-2019 Notice of hearing

Additional text:
Pre-trial conference on July 15, 2019 at 04:00 pm.

06-11-2019 Order Anderson, Jeffery L.

Additional text:
for Continuance

06-11-2019 Proposed Order

Additional text:
for Continuance

06-11-2019 Letters/correspondence

Additional text:
from atty McMullen to Judge requesting a continuance

04-26-2019 Notice of hearing

Additional text:
Pre-trial conference on June 14, 2019 at 11:30 am.

04-26-2019 Pre-trial conference Anderson, Jeffery L. Stone, Bruce

Additional text:
Defendant Robert J. Bushway in court with attorney Lynne McMullen. James Jay Rennicke appeared for the State of Wisconsin. 12:59 p.m. AO-Clerk. Parties do not yet have an agreement. Bond cont. 1:00 p.m. adj. Pre-trial conference scheduled for June 14, 2019 at 11:30 am.

03-27-2019 Amended information
03-19-2019 Notice of hearing

Additional text:
Pre-trial conference on April 26, 2019 at 10:45 am.

03-19-2019 Notice of hearing

Additional text:
Pre-trial conference on April 26, 2019 at 10:45 am.

03-19-2019 Arraignment Anderson, Jeffery L. Stone, Bruce

Additional text:
Defendant Robert J. Bushway in court with attorney Lynne McMullen. James Jay Rennicke appeared for the State of Wisconsin. CW-clerk. 9:27 am. NG plea, WST. Bond cont. 9:29 am adj. Pre-trial conference scheduled for April 26, 2019 at 10:45 am.

03-11-2019 Motion

Additional text:
to Continue – Filed by Atty McMullen

03-04-2019 Notice of hearing

Additional text:
Arraignment on March 19, 2019 at 09:15 am.

03-04-2019 Notice of assignment of judge Ritten, Joan
03-04-2019 Order assigning judge/judicial assignment order Anderson, Jeffery L.
02-26-2019 Application for specific judicial assignment
02-18-2019 Application for specific judicial assignment Tolan, Daniel J. Wolfe, Jennifer
02-15-2019 Request for substitution

Additional text:
of Judge- filed by atty McMullen

02-05-2019 Cash bond posted $500.00

Additional text:
19R 000980

01-30-2019 Information
01-29-2019 Preliminary hearing Krupa, James Digital Court Reporter Branch 3

Additional text:
CASES 19CF18 and 19TR80: Defendant Robert J. Bushway in court with attorney Lynne McMullen. Kenneth N. Sortedahl appeared for the State of Wisconsin. JL-Clerk 03:29 PM. 19TR80: Def pleas NG, CT accepts plea. TR case to track w/CF case. 19CF18: Officer ARunnels S&T. Officer ARunnels identifies def. For today’s purposes, parties agree that this is a felony level offense. Cross by Atty McMullen. CT finds: Venue is established. Identification of def has been made. CT finds PC to believe a felony has been committed, def bound over for trial. Atty McMullen will file req. for substitution today. JA to set arraignment once new Judge assigned and information has been filed. 3:43 PM adj.

01-17-2019 Demand for Discovery – Prosecutor
01-15-2019 Demand for Discovery and Inspection – Defendant
01-15-2019 Public defender order appointing counsel

Additional text:
Lynne McMullen

01-11-2019 Other papers

Additional text:
$500 Bond confirmation fax – paid via GPS to PCJ

01-10-2019 Report

Additional text:
Report in support of probable cause for arrest. Request for criminal complaint

01-10-2019 Notice of hearing

Additional text:
Preliminary hearing on January 29, 2019 at 03:30 pm.

01-10-2019 Cash bond set for Bushway, Robert J. Tolan, Daniel J. Wolfe, Jennifer $500.00

Additional text:
Absolute Sobriety. Not to possess or consume alcohol. Not to possess or use drugs or drug paraphernalia. Subject to testing to determine compliance upon reasonable suspicion. Not to operate a motor vehicle unless properly licensed.

01-10-2019 Initial appearance Tolan, Daniel J. Wolfe, Jennifer

Additional text:
Defendant Robert J. Bushway in court. Attorney Lynne McMullen appeared via phone WLC. Defendant Robert J. Bushway in custody. Kenneth N. Sortedahl appeared for the State of Wisconsin. RL-clerk 1:04 pm. Copy of complaint given to def. Qualifies. Waives reading. CT sets bond. DSPH. 1:10 pm adj. Preliminary hearing scheduled for January 29, 2019 at 03:30 pm.

01-10-2019 Electronic Filing Notice
01-10-2019 Case initiated by electronic filing
01-10-2019 Complaint filed Tolan, Daniel J.
Total receivables

Payment plan Balance due Payment due Due date
Payment plan $1,494.00 $75.00 2020-03-17
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