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2009AP3110-CR State v. Martinez

Modification; new factors

Alejandro Martinez, pro se, appeals from a judgment of conviction for sexual assault of a twelve-year-old child, and an order denying his motion for sentence modification. Martinez argues “in Mexico older men as a custom date and have sex with underage girls routinely.” Martinez insists this alleged cultural custom constitutes a “new factor” entitling him to sentence reduction. In the alternative, Martinez argues his trial counsel was ineffective for failing to raise the issue at sentencing. He also claims the court inadequately explained the reasons for selecting the particular sentence imposed. We reject Martinez’s arguments and affirm. This opinion will not be published.

2009AP3110-CR State v. Martinez

Dist III, Outagamie County, Froehlich, J., Per Curiam

Attorneys: For Appellant: Martinez, Alejandro Hernandez, pro se; For Respondent: Pray, Eileen W., Madison; Schneider, Carrie A., Appleton

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