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2010AP1131-CR State v. Bender

Resentencing; new factors

Heather Lee Bender moved for resentencing citing as a new factor the inability of Taycheedah Correctional Institution (TCI) to provide her with appropriate mental health treatment. We agree with Bender that mental health treatment at TCI is undeniably inadequate; we agree with the trial court that the fact does not constitute a new factor. We also conclude that the trial court considered proper sentencing factors and that defense counsel was not ineffective. We therefore agree that resentencing is not warranted and so affirm the order denying Bender’s motion. This opinion will not be published.

2010AP1131-CR State v. Bender

Dist II, Racine County, Flancher, J., Per Curiam

Attorneys: For Appellant: LesMonde, Dana Lynn, Madison; For Respondent: Nieskes, Michael E., Racine; Dietrich, Thomas E., Madison

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