State v. Shilts
State v. Shilts
Opinion of the Court
¶1 Daniel L. Shilts, Jr., appeals from a judgment convicting him of ten counts relating to the possession of improvised explosives or their materials and from an order denying his postconviction motion for sentencing relief. Shilts argues that the circuit court erred in denying his suppression motion, erroneously exercised its sentencing discretion, and imposed an unduly harsh and excessive sentence. For the reasons that follow, we affirm.
¶2 Sheriff's deputies were dispatched to Shilts's house after reports of a noise that sounded like an explosion. Shilts came out of his house and told the deputies he had been welding and thought an aerosol can might have exploded. Deputy Timothy Putz observed that Shilts had a fresh cut on his finger and dried blood on his jeans. With Shilts's permission, Putz walked onto the front porch. He saw that eight windows on the porch were blown out, and two windows on the side of the house were blown into the house. Putz smelled burnt black powder. He believed that the amount of damage from the explosion, the lack of shrapnel or fragments from a can, and the odor of powder were inconsistent with Shilts's explanation. Putz was aware that Shilts had been arrested for an explosives violation in the past and that he was presently on extended supervision. Putz asked Shilts for consent to search the house and Shilts refused, stating he wanted to clean up before his wife got home.
¶3 The deputies entered Shilts's home to conduct a search pursuant to WIS. STAT. § 302.113(7r) (2015-16),
¶4 Shilts was charged with fifty-one counts of possession of improvised explosives and one count of possessing improvised explosives materials. Shilts moved to suppress all evidence found in his home on the ground that deputies lacked sufficient reasonable suspicion to conduct a warrantless search.
¶5 Pursuant to an agreement, Shilts pled no contest to ten of the charges, and the remaining forty-two counts were dismissed but read in at sentencing. The State agreed to recommend a total sentence of twenty-eight years, with eight years of initial confinement followed by twenty years of extended supervision. The circuit court imposed a bifurcated sentence totaling thirty years, with fifteen years of initial confinement followed by fifteen years of extended supervision. The sentence was ordered to run consecutive to the sentence imposed following the revocation of Shilts's extended supervision.
¶6 Shilts moved for postconviction relief, asserting that the circuit court erroneously exercised its discretion at sentencing, and that its sentence was unduly harsh and unconscionable. The circuit court denied Shilts's postconviction motion. Shilts appeals.
The circuit court properly denied the suppression motion because at the time officers entered the home, they reasonably suspected that Shilts had committed, was committing, or was about to commit a crime.
¶7 The circuit court determined and the parties do not dispute that law enforcement searched Shilts's home pursuant to WIS. STAT. § 302.113(7r), which applies to felony offenders released to extended supervision and provides that:
A person released under this section, his or her residence, and any property under his or her control may be searched by a law enforcement officer at any time during his or her period of supervision if the officer reasonably suspects that the person is committing, is about to commit, or has committed a crime or a violation of a condition of release to extended supervision. Any search conducted pursuant to this subsection shall be conducted in a reasonable manner and may not be arbitrary, capricious, or harassing. A law enforcement officer who conducts a search pursuant to this subsection shall, as soon as practicable after the search, notify the department.
¶8 The issue for this court is whether the circuit court properly determined that at the time officers entered Shilts's home, there was reasonable suspicion to believe he had committed or was committing a crime or a violation of his release conditions. The determination of reasonableness is a commonsense test based on the totality of the facts and circumstances, and the reasonable inferences therefrom. See State v. Waldner ,
¶9 We conclude that there were ample facts supporting a reasonable suspicion that Shilts had committed, was committing, or was about to commit a crime. Officers were dispatched after multiple callers reported hearing an explosion at Shilts's house. One caller observed smoke in the area. Upon arriving at Shilts's house, one of the complainants informed Putz that there had been an extremely loud noise, which sounded like an explosion, and flying glass. Shilts came outside, and Putz noticed a fresh cut on one of his fingers and dried blood on his pants. Shilts told Putz he had been welding and, after expressing uncertainty about what caused the explosion, suggested he had ignited an aerosol can. Putz observed that ten windows were shattered by the explosion. He recognized a "fairly strong" smell of burnt black powder. He testified that, based on the amount of damage, the absence of any can fragments, and the smell of black powder, the cause of the explosion was inconsistent with an exploding aerosol can. Putz was aware that Shilts had a criminal history involving the possession of explosives. Together, these specific articulable facts support an objectively reasonable suspicion of criminal activity.
¶10 Shilts argues that the search was unlawful because officers failed to specifically articulate for which particular crime they possessed reasonable suspicion. We are not persuaded. A law enforcement officer is not required to identify a specific crime with particularity. The issue is whether the officer has reasonable suspicion that criminal activity is afoot. Waldner ,
¶11 Shilts contends that, to the extent the officers might have suspected criminal activity relating to improvised explosives, they possessed only a hunch, not sufficient facts constituting reasonable suspicion. Though he concedes "there was clearly an explosion of some type," he asserts there was "no objectively reasonable evidence" tying the explosion to the possession of improvised explosive materials. However, "reasonable suspicion" is a commonsense test and presents a lower burden than the "probable cause" necessary to justify other intrusions.
The circuit court properly exercised its discretion at sentencing and in denying Shilts's postconviction motion.
¶12 Shilts argues that the sentencing court erroneously exercised its discretion by neglecting to consider necessary factors and by failing to adequately explain its decision-making process. It is a well-settled principle of law that sentencing is committed to the circuit court's discretion. State v. Gallion ,
¶13 Review of a sentencing decision is limited to determining whether there was an erroneous exercise of discretion, and "the defendant bears the heavy burden of showing that the circuit court erroneously exercised its discretion." Harris ,
¶14 Shilts does not dispute that the sentencing court considered a wide range of accurate facts and proper factors and objectives in determining sentence. As he argued postconviction, Shilts maintains that the circuit court did not adequately consider his rehabilitative needs, including his long period of sobriety following his last OWI arrest in 2008. Shilts's claims are contradicted by the court's remarks at sentencing and at the postconviction hearing.
¶15 Twice at sentencing the court explicitly mentioned rehabilitation as an objective. Postconviction, the circuit court confirmed that it had considered Shilts's rehabilitative needs in imposing sentence. The court explained that while it may not have used "magic words," it "stressed the fact" that he had been on probation multiple times, "and yet here we are again." The court reiterated that its primary sentencing objectives were "the protection of the community, punishment, and deterrence," but that it "did consider the defendant's rehabilitative needs," and recognized that he "had these opportunities before." The court pointed out that, at sentencing, it referenced the fact that Shilts committed these offenses while on supervision after having completed the prison's early release program. The circuit court engaged in a reasoning process based on the facts of record and imposed a sentence "based on a logical rationale founded upon proper legal standards." McCleary v. State ,
¶16 Similarly, we reject Shilts's claim that the circuit court failed to adequately consider his lack of malicious intent. The sentencing court explicitly acknowledged that Shilts did not intend to hurt anyone and, in fact, did not hurt anyone. It also recognized that despite his previous conviction for possessing improvised explosives in his home, Shilts endangered numerous people by repeating the same dangerous conduct in the same residential area. The court reasonably concluded that a lengthy term of imprisonment was necessary to protect the public before Shilts hurt somebody, even if unintentionally.
¶17 Shilts also faults the circuit court for failing to explain why fifteen years of prison was necessary to achieve its objectives. However, a sentencing court is not required "to provide an explanation for the precise number of years chosen." See State v. Taylor ,
The circuit court's sentence was not unduly harsh.
¶18 Shilts asserts that his sentence is unduly harsh. A sentence is unduly harsh only if its length is "so excessive and unusual and so disproportionate to the offense committed as to shock public sentiment and violate the judgment of reasonable people concerning what is right and proper under the circumstances." State v. Davis ,
¶19 In this case, the circuit court imposed a thirty-year sentence, which is half of the sixty-year maximum penalty. The sentencing court relied on the facts of record and the correct law and reached a reasonable decision. See McCleary ,
By the Court. -Judgment and order affirmed.
This opinion will not be published. See WIS. STAT. RULE 809.23(1)(b)5.
All references to the Wisconsin Statutes are to the 2015-16 version unless otherwise noted.
Shilts also moved to suppress any derivative evidence, including statements he made to the deputies after they told him they would be searching his home, and physical evidence seized pursuant to the search warrant, which was issued based on fruits from the prior warrantless search.
Similarly, we review the circuit court's postconviction conclusion that its sentence was not unduly harsh and unconscionable for an erroneous exercise of discretion. State v. Giebel ,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.