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Sentencing — equal protection

Wisconsin Court of Appeals

Criminal

Sentencing — equal protection

Edward McKay, Jr., appeals a judgment convicting him of robbery with use of force and theft. He also appeals an order denying his postconviction motion in which he requested sentence modification based on a more lenient sentence given to his co-defendant, Aaron Algee. McKay argues the court improperly exercised its discretion and denied him his equal protection right by refusing to consider Algee’s sentence and establish a rational basis for the disparate treatment. We reject that argument and affirm the judgment and order. This opinion will not be published.

2010AP3002-CR State v. McKay

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

Attorneys: For Appellant: Hirsch, Eileen A., Madison; For Respondent: Pray, Eileen W., Madison; Schneider, Carrie A., Appleton


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