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Sentencing — consecutive sentences — modification

By: WISCONSIN LAW JOURNAL STAFF//November 9, 2011//

Sentencing — consecutive sentences — modification

By: WISCONSIN LAW JOURNAL STAFF//November 9, 2011//

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Wisconsin Court of Appeals

Criminal

Sentencing — consecutive sentences — modification

Martin Enselmo Malacara appeals from a judgment of conviction and an order denying his motion for postconviction relief. Malacara contends that he is entitled to resentencing on grounds that the circuit court did not articulate its reasons for imposing consecutive sentences and did not acknowledge and apply the “least punishment” principle at sentencing. Additionally, he maintains that a new factor justified the modification of his sentence. We reject these arguments. Accordingly, we affirm the judgment and order of the circuit court. This opinion will not be published.

2010AP933-CR State v. Malacara

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

Attorneys: For Appellant: Henak, Robert R., Milwaukee; Bizzaro, Amelia L., Milwaukee; For Respondent: Wellman, Sally L., Madison; Nieskes, Michael E., Racine

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