01-1452-CR State v. James

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Bernard James appeals the judgment of conviction and sentence for armed robbery, as a party to a crime, and the order denying his postconviction motion for sentence modification because of a new factor. He contends that the decision of the Department of Corrections (DOC) not to permit him to participate in the challenge incarceration program under Wis. Stat. sec. 302.045(2) was a new factor and the trial court erred in concluding that it was not. He also contends the trial court did not understand that it is required by Wis. Stat. sec. 973.01(3m) to exercise its discretion in deciding whether to declare him eligible or ineligible for that program. We conclude that DOC’s decision not to permit him to participate in the program is not a new factor for purposes of sentence modification. We also conclude that the trial court understood it was required to exercise its discretion in deciding whether to declare him eligible or ineligible for the program.

We therefore affirm.

Not recommended for publication in the official reports.

Dist IV, Dane County, DeChambeau, J., Vergeront, P.J.

Attorneys:

For Appellant: David R. Karpe, Madison

For Respondent: Jac Heitz, Madison; Michael R. Klos, Madison