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PAC 5th – Sentence Modification

By: Derek Hawkins//October 13, 2015//

PAC 5th – Sentence Modification

By: Derek Hawkins//October 13, 2015//

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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.

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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