By: WISCONSIN LAW JOURNAL STAFF//September 20, 2011//
By: WISCONSIN LAW JOURNAL STAFF//September 20, 2011//
Wisconsin Court of Appeals
CRIMINAL
Sentencing
Modification; inadequate explanation of factors
Jason D. Spears appeals his judgment of conviction and an order denying his motion to modify sentence. Spears argues that the trial court erroneously exercised its discretion by failing to identify how the gravity of his offense, his character and rehabilitative needs and the need to protect the public warranted consecutive sentences. Because the circuit court’s sentencing statements and postconviction order do not demonstrate compliance with the requirements of State v. Gallion, 2004 WI 42, ¶¶44-49, 270 Wis. 2d 535, 678 N.W.2d 197, and McCleary v. State, 49 Wis. 2d 263, 276, 182 N.W.2d 512 (1971), we must reverse and remand for resentencing. This opinion will not be published.
Dist I, Milwaukee County, Watts, J., Kessler, J.