01-0806-CR State v. Norem

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Rick Norem appeals from an order denying his motion for sentence modification. Norem argues that the circuit court erred when it concluded that Norem failed to demonstrate the existence of a new factor that would allow the court to consider whether sentence modification is justified. At sentencing, the trial court explicitly indicated that it was sentencing Norem to ten years in prison so that it could maximize Norem’s chances of being selected to participate in an intensive, three-year sex offender treatment program. We conclude that Norem’s actual sex offender treatment needs and his corresponding ability to complete treatment in a shorter period of time than that contemplated by the trial court constitute a new factor.

We reverse the order and remand so the trial court can determine whether this new factor justifies modification of Norem’s sentence.

Not recommended for publication in the official reports.

Dist III, Marathon County, Thums, J., Cane, C.J.

Attorneys:

For Appellant: Wendy S. Paul, Madison

For Respondent: Jill N. Falstad, Wausau; Gregory M. Weber, Madison