01-0877-CR State v. Massey

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Airry Massey appeals from a judgment of conviction entered after he pled guilty to one count of felony murder, as a party to a crime. He also appeals from an order denying his postconviction motion for resentencing, or in the alternative, to modify his sentence. Massey claims that: (1) the trial court violated his due-process right to be sentenced on accurate information when it relied on information in an allegedly undisclosed sentencing memorandum; (2) the trial court erroneously exercised its sentencing discretion when it based Massey’s sentence on the information in the undisclosed sentencing memorandum; and (3) his due-process right to be sentenced on accurate information was violated when the State and a co-defendant’s attorney allegedly withheld information regarding the co-defendant’s credibility from the sentencing court.

We affirm.

This opinion will not be published.

Dist I, Milwaukee County, DiMotto, J., Per Curiam

Attorneys:

For Appellant: Richard L. Kaiser, Milwaukee

For Respondent: Robert D. Donohoo, Milwaukee; Mary E. Burke, Madison