Pleas & Sentencing – Sentence Modification

By: Derek Hawkins//November 18, 2015//

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Criminal

WI Court of Appeals – District III

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

Pleas & Sentencing – Sentence Modification

2015AP144-CR State of Wisconsin v. Harlan M. Schwartz

Harlan Schwartz appeals an order denying his sentence modification motion without a hearing. He contends he established new factors consisting of his offer to assist in the prosecution of a co-participant in his crimes, Michael Tucker, and the State’s rejection of the offer, resulting in no prosecution of Tucker. The circuit court denied the motion, concluding a rejected offer to assist in the prosecution of a third party does not constitute a new factor. Because we conclude Schwartz failed to establish a new factor as a matter of law, we affirm the order.

Affirmed.

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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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