Pleas & Sentencing – Sentence Modification

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Criminal

Court of Appeals – District I

Officials: Curley, P.J., Brennan and Bradley, JJ.

Pleas & Sentencing – Sentence Modification

2015AP389-CR State of Wisconsin v. Tyrone Vantrell Davis

Tyrone Vantrell Davis appeals the amended judgment of conviction entered upon his guilty pleas to armed robbery, operating a vehicle without the owner’s consent, and first-degree recklessly endangering safety, all as a party to a crime. See WIS. STAT. §§ 943.32(2), 943.23(2), 941.30(1), & 939.05 (2013-14). He also appeals the order denying his postconviction motion for sentence modification. Davis argues that the circuit court erred when it imposed a sentence contrary to statute and when it failed to rely upon information in the pre-sentence investigation (PSI) report in fashioning its sentence. Additionally, he claims the circuit court erred when it denied his postconviction motion after determining that neither his mental deficiency nor the State’s purported failure to make a previously agreed upon sentencing recommendation were new factors for purposes of sentence modification. We affirm.

Decision

Affirmed. Per Curiam.

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