Sentencing – discretion – modification — new factors

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Wisconsin Court of Appeals

Criminal

Sentencing – discretion – modification — new factors

Stephen M. Lehman appeals the judgment convicting him of two counts of burglary of a dwelling, contrary to Wis. Stat. § 943.10(1m)(a) (2007-08). He also appeals the orders denying his numerous postconviction motions. Lehman argues that: (1) trial counsel was ineffective for failing to investigate potential witnesses; (2) the trial court erroneously exercised its sentencing discretion by (a) finding Lehman ineligible for the Challenge Incarceration or Earned Release programs, and (b) ordering sentences that Lehman claims are grossly disproportionate to the crimes as well as Lehman’s character and rehabilitative needs; and (3) the trial court erred in denying Lehman’s postconviction motion requesting sentence modification based on a new factor. We affirm. Not recommended for publication in the official reports.

2011AP2821-CR State v. Lehman

Dist I, Milwaukee County, Cimpl, J., Curley, P.J.

Attorneys: For Appellant: Missimer, Karyn T., Janesville; For Respondent: Loebel, Karen A., Milwaukee; Probst, Robert, Madison