Pleas & Sentencing – Sentence Modification

By: Derek Hawkins//August 4, 2015//

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Criminal

WI Court of Appeals – District II

Officials: Hoover, P.J., Stark and Hruz, JJ.

Pleas & Sentencing – Sentence Modification

2014AP2298-CR State of Wisconsin v. Larry D. Mitchell

Larry Mitchell appeals a judgment of conviction for second-degree sexual assault of a child and an order denying his motion for sentence modification. Mitchell argues the circuit court erroneously determined he did not present a “new factor” for sentence modification purposes. Mitchell further argues his sentence was unduly harsh when compared to the sentence of another defendant who sexually assaulted the same victim. We reject Mitchell’s argument that the sentence was unduly harsh. However, we agree Mitchell presented new factors. Accordingly, we remand for the circuit court to exercise its discretion to determine whether the new factors warrant sentence modification.

Decision

Affirmed in part, reversed in part, and remanded. Per Curiam.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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