00-2348-CR, 00-2349-CR, 00-2350-CR, 00-2351-CR State v. Butler

Listen to this article

Christopher Butler appeals judgments, entered upon his no contest pleas, convicting him of one count of intentionally causing harm to a child and three counts of second-degree sexual assault of a child. Butler additionally appeals from the order denying his motions for postconviction relief. Butler argues that the circuit court erred by denying, as untimely, his postconviction motion for sentence modification. He also argues that the circuit court erred by denying his claims of ineffective assistance of counsel and selective prosecution without holding an evidentiary hearing.

Because, as the State concedes, Butler timely filed his motion for sentence modification, we reverse that part of the order denying his motion for sentence modification and remand the matter for further proceedings. However, we reject Butler’s arguments regarding ineffective assistance of counsel and selective prosecution and therefore affirm the circuit court’s denial of these motions for postconviction relief.

This opinion will not be published.

Dist III, Brown County, Warpinski, J., Per Curiam

Attorneys:

For Appellant: Gary Seeling, Waukesha

For Respondent: James H. McDermott, Madison; John P. Zakowski, Green Bay; Susan M. Crawford, Madison