By: Derek Hawkins//February 14, 2017//
WI Court of Appeals – District III
Case Name: State of Wisconsin v. Michael T. Gant
Case No.: 2016AP647-CR
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Sentencing
Michael Gant appeals a judgment convicting him of aggravated battery, resisting an officer, and obstructing an officer. He also appeals an order denying his postconviction motion for sentence modification. Gant contends the sentencing court mistakenly believed he would be eligible for
he Earned Release Program (ERP) and the Challenge Incarceration Program (CIP), and Gant’s ineligibility for those programs constitutes a new factor justifying a sentence reduction. Because Gant has not established by clear and convincing evidence that a new factor exists, see State v. Harbor, 2011 WI 28, ¶36, 333 Wis. 2d 53, 797 N.W.2d 828, we affirm the judgment and order