01-0867-CR State v. Howard

By: dmc-admin//March 4, 2002//

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Chris Howard appeals orders denying his motions for sentence modification and reconsideration. Howard claims the State failed to present sufficient evidence to prove that he was a repeater and that defense counsel performed ineffectively by failing to bring the omission to the court’s attention. He also contends that the prosecutor made unsupported statements at sentencing which should have been challenged by counsel and that the trial court erred in denying his motions without a hearing. However, we conclude that the trial court properly denied Howard’s motions without a hearing because Howard did not allege any facts which, if true, would have entitled him to relief. See State v. Bentley, 201 Wis.2d 303, 308, 548 N.W.2d 50 (1996).

This opinion will not be published.

Dist IV, La Crosse County, Perlich, J., Per Curiam

Attorneys:

For Appellant: Chris R. Howard, Appleton, MN

For Respondent: Scott L. Horne, La Crosse; Kathleen M. Ptacek, Madison

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