By: WISCONSIN LAW JOURNAL STAFF//September 9, 2014//
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 This opinion will not be published.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