Court Error – Sentencing

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Dimitri C. Boone

Case No.: 2016AP918-CR

Officials: Brennan, P.J., Kessler and Brash, JJ.

Focus: Court Error – Sentencing

Dimitri C. Boone appeals from a judgment of conviction entered on his guilty plea and an order denying his postconviction motion. Boone seeks sentence modification on the grounds of a new factor under State v. Harbor, 2011 WI 28, 40, 333 Wis. 2d 53, 797 N.W.2d 828. He claims

the new factor was a report, prepared after sentencing by an employee of the Public Defender’s office, which showed “gross inaccuracies” in the presentence investigation (PSI) prepared by the Department of Corrections (DOC) with regard to his performance while on DOC supervision. These inaccuracies, he argues, were highly relevant to the trial court at sentencing, entitling him to a re- sentencing under Harbor. Relatedly, he argues that the trial court erroneously exercised its discretion in finding that the new factor did not justify re-sentencing.

We disagree and affirm the circuit court. Boone failed to meet his burden of showing that the post-sentencing report was a new factor under Harbor. None of the purportedly inaccurate information was in fact, inaccurate, or new, and none was highly relevant to the trial court at sentencing.

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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.