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Sentencing – Inaccurate Information

By: Derek Hawkins//April 5, 2017//

Sentencing – Inaccurate Information

By: Derek Hawkins//April 5, 2017//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Avorey Celestian Burns

Case No.: 2016AP1052-CR

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Sentencing – Inaccurate Information

Avorey Celestian Burns pled no contest to possession of a firearm by a felon. Burns argues that he merits resentencing on grounds that the sentencing court relied on inaccurate information and erroneously exercised its discretion when it expressed concern, without foundation, that he might “shoot it out with someone.” We disagree with Burns and affirm the judgment of conviction and the order denying his motion for postconviction relief.

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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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