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02-1725-CR State v. Darby

By: dmc-admin//December 9, 2002//

02-1725-CR State v. Darby

By: dmc-admin//December 9, 2002//

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Vonnie D. Darby appeals pro se from a judgment of conviction and an order denying his postconviction motion for a resentencing hearing. Darby contends that he is entitled to a resentencing hearing following our decision in State v. Darby, No. 97-2095, unpublished slip op. (Wis. Ct. App. April 8, 1998), in which we commuted his sentence to the maximum permitted by law. Although we could conclude that Darby’s appeal is barred under State v. Escalona-Naranjo, 185 Wis.2d 168, 178, 517 N.W.2d 157 (1994), we nevertheless choose to dispose of his argument on the merits.

Affirmed.

This opinion will not be published.

Dist II, Ozaukee County, Malloy, J., Nettesheim, P.J.

Attorneys:

For Appellant: Vonnie Darby, Redgranite, pro se

For Respondent: Jeffrey A. Sisley, Port Washington; Sandy A. Williams, Port Washington

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