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Sentencing — Modification — inadequate explanation of factors

By: WISCONSIN LAW JOURNAL STAFF//September 20, 2011//

Sentencing — Modification — inadequate explanation of factors

By: WISCONSIN LAW JOURNAL STAFF//September 20, 2011//

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Wisconsin Court of Appeals

CRIMINAL

Sentencing

Modification; inadequate explanation of factors

Jason D. Spears appeals his judgment of conviction and an order denying his motion to modify sentence. Spears argues that the trial court erroneously exercised its discretion by failing to identify how the gravity of his offense, his character and rehabilitative needs and the need to protect the public warranted consecutive sentences. Because the circuit court’s sentencing statements and postconviction order do not demonstrate compliance with the requirements of State v. Gallion, 2004 WI 42, ¶¶44-49, 270 Wis. 2d 535, 678 N.W.2d 197, and McCleary v. State, 49 Wis. 2d 263, 276, 182 N.W.2d 512 (1971), we must reverse and remand for resentencing. This opinion will not be published.

2011AP934-CR State v. Spears

Dist I, Milwaukee County, Watts, J., Kessler, J.

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