Sentencing — modification — inaccurate information

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Wisconsin Court of Appeals

Criminal

Sentencing — modification — inaccurate information

Luis A. Gamboa appeals from a judgment of conviction, entered on a jury verdict, for one count of physical abuse of a child (recklessly causing great
bodily harm), one count of neglecting a child resulting in great bodily harm, and one count of neglecting a child resulting in bodily harm, contrary to
Wis. Stat. §§ 948.03(3)(a), 948.21(1)(c), and 948.21(1)(b) (2009-10).[1] Gamboa also appeals from a trial court order denying his motion for
resentencing or sentence modification. Gamboa argues that he is entitled to resentencing or sentence modification because his trial counsel provided
deficient representation at sentencing and because the trial court erroneously exercised its discretion and violated Gamboa’s due process rights by
relying on “incorrect information” at sentencing. We affirm.

2013AP842-CR State v. Luis A. Gamboa

Dist I, Milwaukee County, JEFFREY A. WAGNER; PER CURIAM

Attorneys: For Appellant: Shellow, Robin For Respondent: Loebel, Karen A.; Wren, Christopher G.

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