By: WISCONSIN LAW JOURNAL STAFF//November 25, 2014//
By: WISCONSIN LAW JOURNAL STAFF//November 25, 2014//
Wisconsin Court of Appeals
Criminal
Sentencing — modification — inaccurate information
Luis A. Gamboa appeals from a judgment of conviction, entered on a jury verdict, for one count of physical abuse of a child (recklessly causing great
bodily harm), one count of neglecting a child resulting in great bodily harm, and one count of neglecting a child resulting in bodily harm, contrary to
Wis. Stat. §§ 948.03(3)(a), 948.21(1)(c), and 948.21(1)(b) (2009-10).[1] Gamboa also appeals from a trial court order denying his motion for
resentencing or sentence modification. Gamboa argues that he is entitled to resentencing or sentence modification because his trial counsel provided
deficient representation at sentencing and because the trial court erroneously exercised its discretion and violated Gamboa’s due process rights by
relying on “incorrect information” at sentencing. We affirm.
2013AP842-CR State v. Luis A. Gamboa
Dist I, Milwaukee County, JEFFREY A. WAGNER; PER CURIAM
Attorneys: For Appellant: Shellow, Robin For Respondent: Loebel, Karen A.; Wren, Christopher G.