State v. Donzell Lamont Payne

OFFICE OF THE CLERK
WISCONSIN COURT OF APPEALS
110 EAST MAIN STREET, SUITE 215
P.O. BOX 1688
MADISON, WISCONSIN 53701-1688
Telephone (608) 266-1880
TTY: (800) 947-3529
Facsimile (608) 267-0640
Web Site: www.wicourts.gov
DISTRICT I
October 20, 2026
To:
Hon. Ellen R. Brostrom
Circuit Court Judge
Electronic Notice
Anna Hodges
Clerk of Circuit Court
Milwaukee County Safety Building
Electronic Notice
John Blimling
Electronic Notice
Jill Marie Skwor
Electronic Notice
Donzell Lamont Payne 370863
Gordon Correctional Center
10401 E. County Road G.
Gordon, WI 54838
You are hereby notified that the Court has entered the following opinion and order:
2025AP706-CRNM State of Wisconsin v. Donzell Lamont Payne (L.C. # 2022CF3856)
Before Colón, P.J., Geenen, and Petrashek, JJ.
Summary disposition orders may not be cited in any court of this state as precedent or
authority, except for the limited purposes specified in WIS. STAT. RULE 809.23(3).
Donzell Lamont Payne appeals from a judgment convicting him of homicide by use of a
vehicle with a detectable amount of a controlled substance in his blood. His appellate counsel,
Jill M. Skwor, has filed a no-merit report pursuant to WIS. STAT. RULE 809.32 (2023-24) and
Anders v. California, 386 U.S. 738 (1967).1 Payne received a copy of the report, was advised of
his right to file a response, and has elected not to do so. Upon consideration of the report and an
independent review of the record, we conclude that the judgment may be summarily affirmed
1 All references to the Wisconsin Statutes are to the 2023-24 version.

No. 2025AP706-CRNM
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because there is no arguable merit to any issue that could be raised on appeal. See WIS. STAT.
RULE 809.21.
Initially, Payne was charged with one count of injury by intoxicated use of a vehicle and
one count of knowingly operating a motor vehicle without a valid license, with both charges
causing great bodily harm. The complaint alleged that on October 1, 2022, a vehicle struck a
bicyclist. The bicyclist, S.J.K., was unresponsive at the scene and was transported to the hospital
for treatment.
The complaint additionally alleged that a witness who was interviewed at the scene told
the investigating police officers that he saw a tan Toyota Camry speed through a red light before
striking the bicyclist. An officer made contact with the driver, Payne, who was still seated in the
Camry. Payne admitted to having smoked marijuana, appeared impaired, and made other
statements against his own interest. A review of Wisconsin Department of Transportation
records reflected that Payne had never been issued a driver’s license.
At the preliminary hearing, a police officer testified that S.J.K. died as a result of the
injuries sustained in the collision. The State subsequently filed an amended information
charging Payne with homicide by intoxicated use of a vehicle with a detectable amount of a
controlled substance and knowingly operating a motor vehicle without a valid license causing
death.
Pursuant to plea negotiations, Payne pled guilty to homicide by intoxicated use of a
vehicle with a detectable amount of a controlled substance. In exchange, the State agreed to
dismiss and read in the remaining charge. Additionally, the State agreed to recommend that
Payne be sentenced to eight years of initial confinement, but would not make a recommendation

No. 2025AP706-CRNM
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as to the length of extended supervision. The negotiations left Payne free to argue as to the
length of his sentence. The circuit court accepted Payne’s plea and sentenced him to eight years
of initial confinement and four years of extended supervision.
A restitution hearing followed. Payne did not contest the amount requested for
restitution, but disputed his ability to pay the full amount, which totaled $265,000. After taking
into account Payne’s age, employment history, education, and the importance of holding him
financially accountable, the court ordered him to repay 15% of the amount requested, which
equaled $39,750.
The no-merit report addresses whether Payne’s plea was entered knowingly, voluntarily,
and intelligently. The plea colloquy sufficiently complied with the requirements of State v.
Brown, 2006 WI 100, ¶35, 293 Wis. 2d 594, 716 N.W.2d 906, and WIS. STAT. § 971.08 relating
to the nature of the charge, the rights Payne was waiving, and other matters. The record shows
no other ground to withdraw the plea. There is no arguable merit to this issue.
The no-merit report also addresses Payne’s sentence and the circuit court’s restitution
award. The sentence is within the legal maximum. As to discretionary issues, the standards for
the circuit court and this court are well established and need not be repeated here. See State v.
Gallion, 2004 WI 42, ¶¶17-51, 270 Wis. 2d 535, 678 N.W.2d 197. In this case, the court
considered appropriate factors, did not consider improper factors, and reached a reasonable
result.
As to restitution, the record reflects that the circuit court did not erroneously exercise its
discretion when it concluded that Payne did not have the ability to pay in full and instead held
him responsible for 15% of the total amount requested. See State v. Gibson, 2012 WI App 103,

No. 2025AP706-CRNM
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¶8, 344 Wis. 2d 220, 822 N.W.2d 500 (“A request for restitution, including the calculation as to
the appropriate amount of restitution, is addressed to the circuit court’s discretion[.]”). There is
no arguable merit to this issue.
Our review of the record discloses no other potential issues for appeal. Accordingly, this
court accepts the no-merit report, affirms the conviction, and discharges appellate counsel of the
obligation to represent Payne further in this appeal.
Therefore,
IT IS ORDERED that the judgment of conviction is summarily affirmed. See WIS. STAT.
RULE 809.21.
IT IS FURTHER ORDERED that Attorney Skwor is relieved of further representation of
Payne in this matter. See WIS. STAT. RULE 809.32(3).
IT IS FURTHER ORDERED that this summary disposition order will not be published.
Samuel A. Christensen
Clerk of Court of Appeals