State v. Lorenzo Wood, 2007 WI App 190, PFR filed 8/16/07 For Wood: Michael D. Kaiser Issue/Holding: ¶5 A new factor, as defined in Rosado v. State, 70 Wis. 2d 280, 288, 234 N.W.2d 69 (1975), is a fact or set of facts highly relevant to the imposition of sentence, but not known to the trial… Read more
6. New factor
State v. Wayne Delaney, 2006 WI App 37 Pro se Issue/Holding: ¶7 To have his sentence modified, Delaney must overcome two hurdles. First, he must demonstrate that a new factor exists. If so, he next must demonstrate that the new factor warrants sentence modification. State v. Franklin, 148 Wis. 2d 1, 8, 434 N.W.2d 609 (1989). Whether… Read more
State v. Wayne Delaney, 2006 WI App 37 Pro se Issue/Holding: Governor Thompson’s 1994 letter to the DOC exhorting pursuit of all available remedies to block release of (pre-TIS) violent offenders reaching their mandatory release date is not a new factor: ¶9 The existence of a new factor must be shown by clear and convincing evidence. Franklin, 148… Read more
State v. James Hubert Tucker, Jr., 2005 WI 45, affirming summary order of court of appeals For Tucker: Donald T. Lang, SPD, Madison Appellate Issue/Holding: ¶2 We conclude, based on our holding in State v. Trujillo, 2005 WI 45, ___ Wis. 2d ___, ___ N.W.2d ___, that the reduced maximum confinement penalties under TIS-II do not constitute new… Read more
State v. Jose A. Trujillo, 2005 WI 45, affirming summary order of court of appeals For Trujillo: Suzanne L. Hagopian, SPD, Madison Appellate Issue/Holding: ¶13 We define a new factor as “an event or development which frustrates the purpose of the original sentence,” Champion, 258 Wis. 2d 781, ¶4, and recognize it to be more than a change… Read more
State v. Jose A. Trujillo, 2005 WI 45, affirming summary order of court of appeals For Trujillo: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether the TIS-II reduction of penalty, such that this TIS-I defendant was sentenced to confinement exceeding what would have been the TIS-II maximum, is a “new factor” supporting modification of sentence. Holding: ¶21 We… Read more
State v. John Doe, 2005 WI App 68 For John Doe: Amelia L. Bizzaro (the court file has been ordered sealed, and the caption amended “to shield the defendant’s identity”) Issue/Holding: “(A) defendant’s substantial and important assistance to law enforcement after sentencing may constitute a new factor that the trial court can take into consideration when deciding… Read more
State v. Frederick W. Prager, 2005 WI App 95 For Prager: Daniel P. Fay Issue: Whether, six days after original sentencing and imposition of probation, the State’s proffered new factor (that defendant had quitclaimed the jointly owned farm to his wife) supported a modification to an active prison term. Holding: Although the term of probation was… Read more
