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: ¶6. Thus, sentence modification on the basis of a new factor is a two-step process. Id. First, the defendant must demonstrate, by clear and convincing evidence, that… Read more
6. New factor
State v. James D. Crochiere, 2004 WI 78, affirming unpublished opinion For Crochiere: Steven P. Weiss, SPD, Madison Appellate Issue: Whether post-sentencing events such as rehabilitation which would not be considered “new factors” supporting reduction of indeterminate sentence may be regarded as new factors under the determinate regime of TIS-I. Holding: ¶9. Crochiere bases his argument… Read more
State v. Tony G. Longmire, 2004 WI App 90 For Longmire: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶47. Finally, we acknowledge (and the State does not dispute) that the amount of restitution the court ordered Longmire to pay played a significant role in the court’s determination of the length of extended supervision it ordered… Read more
State v. Tony G. Longmire, 2004 WI App 90 For Longmire: Charles B. Vetzner, SPD, Madison Appellate Issue/Holding: ¶42. Finally, Longmire cites three matters which he argues are “new factors” and thus grounds for the trial court to modify his term of extended supervision: (1) a reduction in the maximum term of extended supervision for the class… Read more
State v. Randy D. Stafford, 2003 WI App 138 For Stafford: Robert G. LeBell Issue/Holding: A mental health professional whose assessment of the sexual assault defendant was incorporated into the presentence report and cited at length by the sentencing judge and who had, unbeknownst to the defense, treated the victim for the six months prior to… Read more
State v. Peter C. Ramuta, 2003 WI App 80, PFR filed 4/3/03 For Ramuta: Peter M. Koneazny, Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶21. Further, Ramuta’s obesity-related health problems and his resulting shorter-than-normal life expectancy are also not new factors. See Michels, 150 Wis. 2d at 99-100, 441 N.W.2d at 280-281 (defendant’s health and its… Read more
State v. Peter C. Ramuta, 2003 WI App 80, PFR filed 4/3/03 For Ramuta: Peter M. Koneazny, Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: Subsequent sentences on charges pending at the time of this sentencing didn’t amount to a new factor, State v. Norton, 2001 WI App 245, distinguished: ¶20. Ramuta has not demonstrated by clear and… Read more
State v. Peter C. Ramuta, 2003 WI App 80, PFR filed 4/3/03 For Ramuta: Peter M. Koneazny, Richard D. Martin, SPD, Milwaukee Appellate Issue/Holding: ¶8. The law appropriately recognizes that sentences may be based on what is unknowingly incomplete information, and, if they are, that there should be some mechanism to correct a resulting injustice… Read more
