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Sentencing — inaccurate information

By: WISCONSIN LAW JOURNAL STAFF//December 2, 2014//

Sentencing — inaccurate information

By: WISCONSIN LAW JOURNAL STAFF//December 2, 2014//

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Wisconsin Court of Appeals

Criminal

Sentencing — inaccurate information

APPEAL from a judgment and an order of the circuit court for Brown County:  TAMMY JO HOCK, Judge.  Reversed and cause remanded for further proceedings.

Austin Singer appeals a judgment of conviction for delivery of heroin and an order denying his motion for postconviction relief.  Singer argues the circuit court erroneously exercised its sentencing discretion and relied on inaccurate information at sentencing because an aggravating factor was not supported by the evidence.  We agree the court erroneously exercised its sentencing discretion.  We therefore reverse the judgment and order and remand for resentencing.

2014AP000281-CR State v. Austin J. Singer

DISTRICT III, Brown County, TAMMY JO HOCK, Judge; Hoover, P.J., Stark and Hruz, JJ.

Attorneys: For Appellant:  Thomas, Chad R. For Respondent: Lasee, David L.; Remington, Christine A.

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