Sentencing — bifurcation

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Wisconsin Court of Appeals

Criminal

Sentencing — bifurcation

Lavon J. Ash, Sr., appeals from a judgment of conviction for two counts of misdemeanor bail jumping as a repeater and from a postconviction order denying relief from the judgment. Ash argues that the trial court erred in denying his request for resentencing based upon new factors and an illegally structured sentence.

Ash has not met his burden to show the existence of a new factor. However, as Ash argues, and the State agrees, his sentence does not comply with the standards set forth in State v. Gerondale, Nos. 2009AP1237-CR and 2009AP1238-CR, unpublished slip op. (WI App Nov. 3, 2009). Because we agree with the persuasive reasoning of Gerondale, we reverse the sentencing portion of the judgment and the postconviction order and remand with directions that Ash be resentenced in accordance with the standards set forth in Gerondale. This opinion will not be published.

2012AP381-CR State v. Ash

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

Attorneys: For Appellant: Ramirez, Rick, Milwaukee; For Respondent: Weber, Gregory M., Madison; Wishau, Noah, Racine