By: WISCONSIN LAW JOURNAL STAFF//July 23, 2013//
Wisconsin Court of Appeals
Criminal
Criminal Procedure — successive appeals
Zackory J. Kerr, pro se, appeals an order denying his postconviction motion to modify sentence and the subsequent order denying his motion to reconsider. Kerr—who was convicted of repeatedly violating a domestic abuse injunction in 2006, and whose first postconviction motion did not raise any sentencing issues—filed a motion to modify sentence in 2013, arguing that a 2010 unpublished case, State v. Gerondale, 2010 WI App 1, 322 Wis. 2d 737, 778 N.W.2d 172 (unpublished), required that the trial court modify his sentence. On appeal, Kerr argues that the trial court erred in determining that his motion to modify sentence was barred by State v. Escalona-Naranjo, 185 Wis. 2d 168, 185, 517 N.W.2d 157 (1994), because Gerondale and another unpublished case, State v. Ash, 2012 WI App 106, 344 Wis. 2d 299, 821 N.W.2d 413 (unpublished), constitute “new factors.” This court disagrees and affirms. This appeal will not be published.
Dist I, Milwaukee County, Flanagan, J., Curley, P.J.
Attorneys: For Appellant: Kerr, Zackory J., pro se; For Respondent: Loebel, Karen A., Milwaukee; Weber, Gregory M., Madison