State v. Carla L. Oglesby, 2006 WI App 95 For Oglesby: Timothy T. Kay Issue/Holding: The test for statutory construction – whether the language is capable of being understood by reasonably informed persons in different ways – applies to determination of a sentencing court’s intent; where the parties staked out different sentencing positions but the sentencing… Read more
H. Modification/Review
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. Brandon E. Jones, 2005 WI App 259 For Jones: Amelia L. Bizarro Issue: Whether the sentencing court provided sufficient reasons for Jones’s reconfinement following revocation of extended supervision. Holding: ¶9 …. The key is for the circuit court to provide sufficient information about its reasoning so as to allow for meaningful review. The “need… 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
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
