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Sentencing — new factors

Wisconsin Court of Appeals


Sentencing — new factors

The postsentence fruits of a defendant’s substantial presentence assistance to law enforcement authorities may constitute a new factor.

“Here, the postconviction court stated that it was ‘satisfied that Boyden did assist federal authorities in the prosecution of Fouse in the Eastern District federal case during 2006 and 2007; and probably cooperated with law enforcement since 2000.’ The court further noted that while everyone knew at the time of sentencing that Boyden was cooperating, ‘[i]t does make sense that Boyden would not necessarily present such cooperation until after the suspect in the federal case was tried and convicted.’ We likewise believe it reasonable that Boyden would seek further consideration of his assistance at this time, now having evidence of the fruits, which Boyden contends effectively provide new facts about the full nature and extent, value, reliability, significance, and danger or risk associated with, his cooperation.”

Reversed and Remanded.

Recommended for publication in the official reports.

2011AP977-CR State v. Boyden

Dist. II, Racine County, Torhorst, J., Neubauer, J.

Attorneys: For Appellant: Anderegg, Rex, Milwaukee; For Respondent: Moeller, Marguerite M., Madison; Chiapete, W. Richard, Racine

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