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Trimble appeals judge decision to modify sentence in 10th OWI conviction

January 07, 2020 by Abigail Bostwick

An Arbor Vitae man convicted of his 10th drunk driving charge with his 11th consolidated into that case has an open case with the Wisconsin Court of Appeals objecting Vilas County Judge Neal Nielsen’s motion to modify his sentence. 

Timothy Trimble, 70, now imprisoned at Redgranite Correctional Institution, was convicted by Nielsen 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 operating while intoxicated (OWI) from Oneida County was consolidated into the 2017 crime.

Since then, Trimble has personally filed motions to have his sentence modified. It was denied by Nielsen in April of last year, then filed again, and denied a second time in October and again in November 2019. Trimble then filed a notice of appeal. 

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 requested Vilas County Circuit Court run his 10th OWI with a prohibited blood alcohol level conviction to the 11th OWI conviction in that case. The modification would have resulted in Trimble’s incarceration of five years with four years concurrent — meaning the sentences would run together instead of one after the other.

“A review of the sentencing transcript clearly reveals the court’s intention to impose consecutive periods of confinement to the Wisconsin Prison System,” Nielsen relayed in his denial of Trimble’s motion. “For reasons amply stated on the record. The court, did, however, provide that the periods of extended supervision would run concurrently. As Mr. Trimble points out, this was uncorrected and prohibited under State v. Bagnall ….”

That was corrected in March 2019, however. 

“There is therefore no reason to conduct a hearing on Mr. Trimble’s motion,” Nielsen concludes. 

Trimble was taken into custody in August 2017 after police responded after a call indicating Trimble was harassing a female employee at a Lac du Flambeau business. He refused field sobriety tests and had a test court-ordered through Vilas County. 

The Oneida County case came after a March 2017 incident after a Woodruff bartender reported an intoxicated Trimble driving towards Minocqua.

Trimble’s 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. 

Last week, the Wisconsin Court of Appeals gave Trimble’s case a number in District 3. His indigency status there is pending. 

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