Sentencing – adjustment

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Wisconsin Court of Appeals

Criminal

Sentencing – adjustment — discretion

Kenneth Hynes, pro se, appeals an order denying his Wis. Stat. § 973.195 motion for sentence adjustment, and an order denying a motion for reconsideration. Hynes argues the court failed to honor the intent of the original sentencing court when denying his petition. Alternatively, Hynes contends the court erroneously exercised its discretion by failing to adequately set forth its rationale. We hold that the original sentencing court did not express any intent that Hynes should be granted sentence adjustment. However, we agree that the sentence adjustment court inadequately set forth its rationale. Nonetheless, we affirm because our independent review of the record reveals grounds to support the court’s discretionary decision. This opinion will not be published.

2013AP323-CR State v. Hynes

Dist III, Eau Claire County, Theisen, J., Per Curiam

Attorneys: For Appellant: Hynes, Kenneth J., pro se; For Respondent: King, Gary M., Eau Claire; Sanders, Michael C., Madison