By: WISCONSIN LAW JOURNAL STAFF//January 31, 2012//
Wisconsin Court of Appeals
Criminal
Sentencing — equal protection
Edward McKay, Jr., appeals a judgment convicting him of robbery with use of force and theft. He also appeals an order denying his postconviction motion in which he requested sentence modification based on a more lenient sentence given to his co-defendant, Aaron Algee. McKay argues the court improperly exercised its discretion and denied him his equal protection right by refusing to consider Algee’s sentence and establish a rational basis for the disparate treatment. We reject that argument and affirm the judgment and order. This opinion will not be published.
Dist III, Outagamie County, Dyer, J., Per Curiam
Attorneys: For Appellant: Hirsch, Eileen A., Madison; For Respondent: Pray, Eileen W., Madison; Schneider, Carrie A., Appleton