By: Derek Hawkins//October 13, 2015//
Criminal
Court of Appeals – District I
Officials: Curley, P.J., Kessler and Bradley, JJ.
PAC 5th – Sentence Modification
2014A2822-CR State of Wisconsin v. Janet M. Pehowski
Janet M. Pehowski appeals from a judgment of conviction for one count of operating with a prohibited alcohol concentration (5th offense), contrary to WIS. STAT. § 346.63(1)(b) (2013-14),1 and from an order denying her postconviction motion seeking sentencing modification. She argues that the trial court erred when it denied her request for sentence modification after concluding that she had not demonstrated the existence of this alleged new factor: “the fact that ‘sleep-driving’ is a well-documented side effect of [the prescription sleep aid] Ambien.” (Bolding and some capitalization omitted.) We affirm.
Decision
Affirmed. Per Curiam.