02-1471-CR State v. Karnstein

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Walter W. Karnstein pled no contest to appearing as a respondent to a harassment action and orally making two false statements while under oath. He also pled to disorderly conduct in sending e-mails to his former girlfriend which included nude photos of her and a companion. The trial court sentenced Karnstein to 36 months of probation on the first false swearing, nine months in jail on the second and an additional ninety days in jail, consecutive, on the disorderly conduct. Karnstein’s postconviction motion requested that the plea be withdrawn based on newly discovered evidence showing that he was not the source of internet postings of his former girlfriend in the nude and that trial counsel was ineffective for various reasons. In the alternative, Karnstein asked that his sentence be modified on the same grounds. The motion was denied. Now he comes to this court claiming that the sentencing court arbitrarily denied his new factor allegation. But he also claims that the sentencing court failed to adequately explain why a consecutive sentence was necessary and sentenced solely upon the court’s “policy” of incarcerating any individual convicted of false swearing.

Because the court had more than sufficient reason to deny the new factor argument and because the other arguments are raised for the first time on appeal, this court affirms.

This opinion will not be published.

Dist II, Kenosha County, Bastianelli, J., Brown, J.

Attorneys:

For Appellant: Raymond M. Dall’osto, Milwaukee

For Respondent: K. Richard Wells, Kenosha