By: WISCONSIN LAW JOURNAL STAFF//March 21, 2012//
By: WISCONSIN LAW JOURNAL STAFF//March 21, 2012//
Wisconsin Court of Appeals
Criminal
Sentencing — sexual assault of a child – inaccurate information
Charles M. Saxon appeals from a judgment convicting him of second-degree sexual assault of a child and from the order denying his postconviction motion seeking resentencing. Saxon claims he was sentenced on the basis of inaccurate information, specifically, the trial court’s allegedly mistaken belief that he lacked a history of being a child sex abuse victim. That history, Saxon argues, is a mitigating factor in sentencing. We conclude that Saxon has not met his burden of proving his claim by clear and convincing evidence. We therefore affirm the judgment and order. This opinion will not be published.
Dist II, Kenosha County, Wagner, J., Per Curiam
Attorneys: For Appellant: Buting, Jerome F., Brookfield; For Respondent: Wellman, Sally L., Madison; Zapf, Robert D., Kenosha