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Sentencing – modification — new factors — inaccurate information

Wisconsin Court of Appeals

Criminal

Sentencing – modification — new factors — inaccurate information

Michael Wojczak appeals the circuit court judgment convicting him of intentionally causing great bodily harm to a child, contrary to Wis. Stat. § 948.03(2)(a) (2009-10), and the order denying Wojczak’s motion for postconviction relief. Wojczak seeks resentencing, arguing that the circumstances surrounding his then-girlfriend’s (now-wife’s) pregnancy are a new factor that justifies resentencing. Alternatively, Wojczak argues that the sentencing court erroneously exercised its discretion and violated Wojczak’s due process rights because he had insufficient notice of and opportunity to address the significance of the pregnancy and because he was sentenced based on inaccurate information regarding the pregnancy. We agree with Wojczak that his right to due process was violated at sentencing because the sentencing court relied on inaccurate information. We reverse and remand for resentencing. This opinion will not be published.

2010AP3138-CR State v. Wojczak

Dist IV, Vernon County, Rosborough, J., Per Curiam

Attorneys: For Appellant: Olsen, Jefren E., Madison; For Respondent: Wren, Christopher G., Madison; Gaskell, Timothy J., Viroqua


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