Sentencing — modification; new factors

Wisconsin Court of Appeals

Criminal

Sentencing — modification; new factors

Dontae L. Russell appeals from a judgment of conviction, entered on his guilty plea, for robbery with threat of force, contrary to Wis. Stat. § 943.32(1)(b) (2009–10). He also appeals from an order denying his motion for sentence modification. Russell challenges the sentence imposed on several bases and also argues that the imposition of a significantly lesser sentence on Russell’s co-defendant three weeks after Russell was sentenced constituted a new factor warranting sentence modification. We conclude that the trial court properly exercised its sentencing discretion and that the sentence subsequently imposed on Russell’s co-defendant was not a new factor that justified sentence modification. Therefore, we affirm. This opinion will not be published.

2010AP2931-CR State v. Russell

Dist I, Milwaukee County, Cimpl, J., Per Curiam

Attorneys: For Appellant: Bertrand, Joy Malby, Scottsdale, AZ; For Respondent: Loebel, Karen A., Milwaukee; O’Neil, Aaron R., Madison