Sentencing – modification — new factors

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Wisconsin Court of Appeals

Criminal

Sentencing – modification — new factors

Where the circuit court thought a defendant was entitled to two years of sentence credit, when he was only entitled to eight months, a new factor is present that permits sentence modification.

“Here, the circuit court took into account the amount of sentence credit to which Armstrong was entitled in determining the sentence, in order to ensure that Armstrong’s period of incarceration was not longer than it needed to be. However, nothing in the record suggests that the court enlarged the sentence with the purpose of depriving Armstrong of the sentence credit to which he was entitled. Accordingly, we conclude that Struzik prohibits neither the sentence imposed in this case, nor a sentence modification hearing for the circuit court to determine whether the accurate amount of sentence credit warrants modification of the sentence.”

Reversed and Remanded.

Recommended for publication in the official reports.

2013AP1995-CR State v. Armstrong

Dist. IV, Marquette County, Wright, Bult, JJ., Kloppenburg, J.

Attorneys: For Appellant: Hirsch, Eileen A., Madison; For Respondent: Hendee, Chad A.,. Montello; Burgundy, Sarah, Madison