01-0713-CR State v. Jardine

By: dmc-admin//September 10, 2001//

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Jamie Jardine appeals an order denying his motion to modify or vacate a 1994 sentence for attempted first-degree intentional homicide and four counts of first-degree sexual assault. We construe the request to vacate the sentence in part as an effort to revive an Oct. 25, 1996, motion for a new trial based on newly discovered evidence. That motion has never been heard or decided. We conclude that the trial court properly denied the motion to modify the sentence. However, we conclude that the true controversy regarding the alleged newly discovered evidence has not been heard.

Therefore, in the interest of justice, we reverse the order denying the motion to vacate the sentence and remand for further proceedings.

This opinion will not be published.

Dist III, Douglas County, Lucci, J., Per Curiam

Attorneys:

For Appellant: Jamie D. Jardine, Green Bay

For Respondent: Daniel W. Blank, Superior; Maura F. J. Whelan, Madison

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