State v. Jonathan R. Torres, 2003 WI App 199, PFR filed 9/18/03 For Torres: Michael Yovovich, SPD, Madison Appellate Issue: Whether reclassification of Torres’ offense by TIS-II, 2001 Wis. Act 109 §§545-559, which substantially reduced the maximum penalty, amounts to a new factor that would support reduction of his sentence imposed under the prior, TIS-I regime. Holding… Read more
6. New factor
State v. Randy D. Stafford, 2003 WI App 138 For Stafford: Robert G. LeBell Issue/Holding: ¶12. … To obtain sentence modification, a defendant must establish that (1) a new factor exists, and (2) the new factor justifies sentence modification. State v. Franklin, 148 Wis. 2d 1, 8, 434 N.W.2d 609 (1989). Whether a fact or set… Read more
State v. Dawn M. Champion, 2002 WI App 267, PFR filed 12/2/02 For Champion: Patricia L. Arreazola Issue: Whether the defendant’s early completion of all available rehabilitation programs is a new factor justifying reduction of the confinement portion of her sentence. Holding: ¶13. Our review of the legislative history of 1997 Wis. Act 283 demonstrates that the legislature… Read more
State v. Michael A. Grindemann, 2002 WI App 106, PFR filed 5/23/02 For Grindemann: Leonard D. Kachinsky Issue/Holding: Defendant’s new-found realization that his behavior was caused by childhood sexual exploitation isn’t a new factor justifying sentence reduction: “¶25 … Just as a new expert opinion based on previously known or knowable facts is nothing more than… Read more
State v. Kelley L. Hauk, 2002 WI App 226 For Hauk: David D. Cook Issue/Holding: Reversal of defendant’s conviction in another case is new factor (where remaining, valid sentence was concurrent to vacated sentence) upon which trial court may, but is not required, to reduce sentence… Read more
Sentence Modification — New Factor — Post-Sentencing Revocation — Linkage to Intended Drug Treatment
State v. Steve Norton, 2001 WI App 245 For Norton: Peter M. Koneazny, SPD, Milwaukee Appellate Issue: Whether an unanticipated, post-sentencing revocation amounted to a new factor justifying modification of sentence. Holding: ¶10. Although we agree with the State that, in general, revocation of probation in another case does not ordinarily present a new factor, the… Read more
State v. Andre D. Crockett, 2001 WI App 235, PFR filed For Crockett: David D. Cook Issue:Whether facts suggesting that the defendant might have been less culpable than his codefendants amounted to a new factor justifying modification of sentence. Holding: A new factor may be relate to facts “unknowingly overlooked” at sentencing; here, although the asserted new… Read more
State v. John Casteel, 2001 WI App 188, PFR filed Issue: Whether Casteel’s failure to argue in a prior new-factor based attempt to modify sentence bars him from now arguing that the special action release program, § 304.02 — a statute extant at the time of the prior motion to modify — is a new factor. Holding: ¶17. We… Read more
