that the legislature intended to make such a knowing offense a felony, providing guidance for prosecutors and courts. 6 As stated, the legislative history clarifies that the legislature intended to remove the "knowledge" requirement for a misdemeanor offense of OAR causing death, however, it failed to do so with the legislation enacted. This would be an easy fix, if the legislative will to enact such a change remains. 7 The State also argues Lazo Villamil forfeited his right to appeal the circuit court's failure to consider sentencing factors because he did not raise this matter during the sentencing. We disagree. Because Lazo Villamil raised it in his postconviction motion, he did not forfeit this issue. See State v. Grady, 2007 WI 81, ¶ 14 n.4, 302 Wis. 2d 80, 734 N.W.2d 364 (<HOLDING>). 8 In State v. Moline, 170 Wis. 2d 531, 489
holding in a similar context that filing a postconviction motion is a timely means of raising an alleged error by the circuit court during sentencing holding that failure to preserve a fundamental sentencing error by motion under rule 3800b or by objection during the sentencing hearing forecloses a defendant from raising the error on direct appeal holding at the governments urging that a similar error was an error in both the trial and sentencing holding at the governments urging that a similar error was an error in sentencing holding that circuit court should have treated the habeas petition as a motion for postconviction relief