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Sentencing – modification — new factors

Wisconsin Court of Appeals


Sentencing – modification — new factors

Austin Pederson appeals an order denying his “Motion to Modify Defendant’s Sentence.” He argues that the court used the wrong legal standard because it construed his motion as a “new factor motion.” He contends the motion should have been construed as a motion under Wis. Stat. § 974.06 for resentencing based on the court’s reliance on inaccurate information. We conclude the court correctly construed the motion and, even if the motion raised the issue Pederson argues on appeal, the motion would fail because Pederson did not establish that the court actually relied on inaccurate information. This opinion will not be published.

2011AP2674-CR State v. Pederson

Dist III, St. Croix County, Lundell, J., Per Curiam

Attorneys: For Appellant: Schertz, Dennis, Hudson; For Respondent: Johnson, Eric G., Hudson; Wittwer, Jacob J., Madison

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