Sentencing – modification — new factors

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Wisconsin Court of Appeals

Criminal

Sentencing – modification — new factors

Sean P. Tate, a/k/a Shawn P. Tate, pro se, appeals an order denying his motion for sentence modification without a hearing. He also appeals an order denying his motion for reconsideration. Tate argues: (1) that he was improperly sentenced to a much longer prison term than his co-defendants; (2) that a change in the law pertaining to mandatory release dates that took effect several years before his sentencing is a “new factor” entitling him to sentence modification; (3) that he is entitled to relief because the presentence investigation report contained incorrect information regarding his Minnesota criminal record; and (4) that the circuit court should not have denied his motion without an evidentiary hearing. We affirm. This opinion will not be published.

2012AP2571-CR State v. Tate

Dist I, Milwaukee County, Wagner, J., Per Curiam

Attorneys: For Appellant: Tate, Sean P., pro se; For Respondent: Balistreri, Thomas J., Madison; Loebel, Karen A., Milwaukee