H. Modification/Review

State v. Donald W. Thexton, 2007 WI App 11, PFR filed 1/02/07 For Thexton: Kirk B. Obear Issue/Holding: The sentencing court satisfied Gallion’s required linkage: ¶11      … Here, the court explained that it did not consider Thexton’s conduct so serious that it required Thexton to be incarcerated for the length of time that might be appropriate for other… Read more

State v. Roger S. Walker, 2006 WI 82, affirming as modified summary order For Walker: James Rebholz Issue/Holding: In order to obtain review, a defendant must file a postconviction motion to modify sentence, even if the event was a re-sentencing which came to the same result as originally imposed. ¶37      In the hope of clarifying… Read more

State v. John C. Brown, 2006 WI 131, affirming 2006 WI App 44 For Brown: Randall E. Paulson, SPD, Milwaukee Appellate Amicus: Robert R. Henak and Amelia L. Bizzaro; Walter J. Dickey & David E. Schultz Issue/Holding: ¶22     We conclude that a reconfinement decision, like an initial sentencing decision, involves the circuit court’s discretion, and we review the… Read more

State v. Larry A. Tiepelman, 2006 WI 66, reversing 2005 WI App 179 For Tiepelman: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether, on a claim that the sentence violated due process because based on inaccurate information, the defendant must show not only sentencing court reliance on the inaccurate information, but also prejudicial reliance. Holding: ¶2        We hold that in a… Read more

State v. Ronnie L. Thums, 2006 WI App 173 For Thums: Paul G. LaZotte, SPD, Madison Appellate Issue/Holding: The remedy for a sentence imposed under an incorrect penalty scheme is resentencing: ¶14      Both parties agree that if the sentence the circuit court imposed was improper, Thums is entitled to be resentenced as to both components of… Read more

State v. Donald Odom, 2006 WI App 145 For Odom: Eileen Miller Carter; J.C. Moore, SPD, Milwaukee Trial Issue/Holding: The requirement of sentencing after probation revocation that the judge review the original sentencing transcript, State v. Reynolds, 2002 WI App 15, 249 Wis. 2d 798, 643 N.W.2d 165 (Ct. App. 2001), does not apply to reconfinement after… Read more

State v. Roger S. Walker, 2006 WI 82, affirming as modified summary order For Walker: James Rebholz Issue/Holding: In order to obtain review, a defendant must file a postconviction motion to modify sentence, even if the event was a re-sentencing which came to the same result as originally imposed. ¶37      In the hope of clarifying appellate procedure, we… Read more