01-3341 State v. Noll

By: dmc-admin//October 21, 2002//

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“Noll’s motion invoked the circuit court’s inherent authority to modify his sentence based on new factors. This inherent authority may be exercised as a matter of discretion and is not governed by a time limitation. [Citation]. The circuit court, therefore, should not have dismissed Noll’s motion as untimely under Wis. Stat. sec. 973.19. Instead, the court should have analyzed the merits of the specific claims made in Noll’s motion for sentence modification and we direct it to do so on remand.”

Reversed and remanded.

Recommended for publication in the official reports.

Dist II, Ozaukee County, McCormack, J., Anderson, J.

Attorneys:

For Appellant: Robert L. Noll, Appleton, Minn.

For Respondent: Sandy A. Williams, Port Washington; Christopher G. Wren, Madison

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