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Sentencing – modification — new factors

By: WISCONSIN LAW JOURNAL STAFF//September 9, 2014//

Sentencing – modification — new factors

By: WISCONSIN LAW JOURNAL STAFF//September 9, 2014//

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Wisconsin Court of Appeals

Criminal

Sentencing – modification — new factors

Anthony Mahowald appeals a judgment sentencing him after revocation of probation and an order denying his motion for sentence modification. He contends a new factor justifies a reduction of his sentence. The circuit court denied the motion without a hearing. Because we conclude Mahowald’s motion failed to establish a new factor by clear and convincing evidence, and the circuit court properly exercised its discretion when it concluded Mahowald’s alleged new factor would not justify modification of the sentence, we affirm the judgment and order. This opinion will not be published.

2013AP2675-CR State v. Mahowald

Dist III, Eau Claire County, Gabler, J., Per Curiam

Attorneys: For Appellant: Moses, Faun M., Madison; For Respondent: Noet, Nancy A., Madison; King, Gary M., Eau Claire

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