(dissenting). The per curiam opinion of this court mandated today denies the petition of the Advisory Committee for Wisconsin Sentencing Guidelines Project which requests that this court mandate the use of the felony sentencing guidelines developed by the advisory committee. Because we believe that the adoption of the guidelines on an experimental basis is a valid attempt to improve our sentencing system which is one of the most critical stages of the criminal process, we dissent.
The majority rejects the guidelines for several reasons. While we agree that the guidelines are not a perfect and fool-proof method of reducing unwarranted sentencing disparity, we do not believe the majority’s reasons for rejecting the guidelines are sufficient to terminate what we believe to be a valid experiment in improving our system of sentencing.
First, the majority states that no need for an attempt to improve the sentencing process has been “satisfactorily established.” (Supra, p. 690) The majority is apparently oblivious to the well-publicized dissatisfaction with the *712overall sentencing by individual judges by a meaningful portion of the people of this state. This dissatisfaction has been evidenced in a number of ways: there have been at least three recall elections to remove judges because of sentencing decisions (one successful, two unsuccessful) ; innumerable media editorials; and a multitude of bills presented to the legislature. Further, while the research conducted by the advisory committee revealed that there is no substantial disparity in the sentences imposed, there are at least some that have come to this court’s attention. Ocanas v. State, 70 Wis. 2d 179, 233 N.W.2d 457 (1975), (two persons involved in same criminal act, one received a two-year sentence while the other received a twenty-year sentence). We believe the use of sentencing guidelines can go far to dispel this public dissatisfaction.
Another basis upon which the majority rejects the guidelines is that their imposition “would constitute an unwarranted intrusion into the authority and discretion of the sentencing judges.” {Swpra, p.690) This simply is not so. Nor would the adoption of the guidelines by this court create, as the majority suggests, “presumptively appropriate sentences.” The guidelines merely set forth sentencing averages based upon the factors in the matrix. No judge is directed as to the particular sentence to be imposed. Rather, the trial judge without penalty, sanction or criticism may impose a sentence of greater or lesser severity than the one recommended by the proposed guidelines. Trial judges would retain all of the discretion and authority they presently possess to impose the sentence each individual judge believes to be appropriate to the case within the legislatively determined limits. The proposed rule for an eighteen month trial period would only require the sentencing judge to indicate his or her reasons for going over or under the sentence suggested by the guidelines. This is not a substantial departure from the present obligation of the sentencing judge be*713cause under McCleary v. State, 49 Wis. 2d 263, 182 N.W.2d 512 (1971), the sentencing judge must set forth the reasons that formed the basis of his or her discretion.
The majority also objects to the use of the guidelines on the ground that prescribing criminal penalties is for the legislature, not this court. We believe as strongly as the majority that the legislature must set the limits within which a sentence may be imposed, but under the indeterminate sentencing system adopted by the legislature trial judges have the authority and the duty to exercise discretion within the limits set by the legislature. The proposed guidelines are merely an aid to this legislatively granted sentencing discretion vested in the trial judge. The guidelines do not and can not in any way affect the right of the legislature to fix the limits of the penalties to be imposed.
The majority also denounces the proposed guidelines on the ground that they are “nothing more than a compilation of the average felony sentencing experience,” rather than establishment of what the appropriate sentence length should be. (Supra, pp. 690, 699) This is inconsistent with the majority’s position that it is not for this court to set “presumptively appropriate sentences.” More importantly, we believe that informing trial judges of the collective wisdom of their colleagues in similar sentencing circumstances would be an important aid in exercising sentencing discretion.
We find it significant that the hearing conducted by this court on the petition for the adoption of the guidelines was well publicized, yet not one person appeared in opposition to the petition. Further, the court received only very minimal written opposition to the adoption of the guidelines.1 Significantly, none of the judges who *714have used the guidelines on a voluntary basis appeared against the petition. Several advocated adoption.
Even the majority in its denunciation of the guidelines recognizes the value of gathering and distributing statistical information on sentencing to trial judges for use in imposition of sentences and thus directs the Director of State Courts to collect and distribute such information. Based on the well-recognized value of such information, we believe this approach is inappropriate.
Article VII, sec. 3(1) of the Wisconsin Constitution, which was adopted by an overwhelming majority of the people of Wisconsin in 1978 as part of the court reorganization, not only gave this court the authority to superintend and administer all the courts of this state, but imposed the duty on us to do so. We believe, pursuant to this constitutionally mandated duty, this court should adopt, on an experimental basis, the proposed rule, mandating the use of the guidelines in order to attempt to deal with problems of sentencing disparity and adequacy which has concerned so many of the citizens of this state. Adoption of this rule would then be subject to review by this court following the eighteen-month trial period, and the court could then amend, accept or reject the guidelines based on actual experience, rather than stopping the experiment in its infancy before the evidence on its effectiveness has been evaluated.
The goal of a sentencing system should be to persuade the judiciary, the persons sentenced and the public that justice, through sentencing, is the result of a rational and just process rather than the result of blind luck. We should pursue every available avenue to improve this system and the felony sentencing guidelines may be one way to improve it.
In fact, many of the parties who originally expressed criticism of the guidelines reversed their position and supported their adoption before the hearing was held.