A former Arbor Vitae man convicted of his 10th drunk driving charge after having his 11th consolidated into that case continues to seek post-conviction relief.
Timothy Trimble, 70, Arbor Vitae, now imprisoned at Redgranite Correctional Institution, was convicted 10th offenses OWI and operating with a prohibited blood alcohol level before Judge Neal Nielsen in Vilas County Circuit Court in 2018. Charges of disorderly conduct, operating while revoked and several felony bail jumping counts were dismissed and read into the record. A count of 11th offense offense operating while intoxicated from Oneida County was consolidated into the case as part of the plea agreement.
At sentencing, Nielsen ordered Trimble to serve nine years prison — four years in confinement and five on extended supervision — for the count of operating with a prohibited blood alcohol level. For the 10th OWI, the judge ordered another nine years prison, five years confinement and four years extended supervision. That sentence was to be served consecutive to the first count. Both had provisions of driving restrictions upon his release. Trimble also had to pay more than $8,000 in court costs. He had more than a year in days already served when handed the sentence.
In early 2019, Trimble filed his intent to seek post-conviction relief. Nielsen denied appointing post-conviction counsel. By August 2019, Trimble filed a motion on his own behalf to “correct and modify sentence.” Recently, Trimble filed his second request of the same nature.
According to Trimble’s motion, the Wisconsin Supreme Court states that “… terms in the Wisconsin State Prison system are to be served concurrent or consecutively, but the court cannot split a sentence and provide for only part of a term to be served concurrently with another.”
Trimble requests Vilas County Circuit Court run his 10th OWI with a prohibited blood alcohol level conviction to the 11th OWI conviction in that case.
“As that seems to be what the Court wanted to do by running count 10’s extended supervision concurrent to count 1,” Trimble writes in his motion.
The modification would result in Trimble’s incarceration of five years with four years concurrent — meaning the sentences would run together instead of back to back.
“That would ensure the court original sentence, and protection of the public,” Trimble states in his motion. “This would not degrade the original sentence and it would allow Trimble to obtain needed treatment.”
Trimble’s criminal record includes OWI convictions dating back to 1989 and include those in the state of California and Illinois and Vilas, Oneida and Iron counties in Wisconsin.
No future court action is set.