Sentence Modification

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Mark Anthony Darland

Case No.: 2015AP464-CR; 2015AP465-CR

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

Focus: Sentence Modification

Mark Darland appeals an order denying his postconviction motion for sentence modification. Darland sought an eighteen-month reduction in the first of his two consecutive terms of initial confinement based on the existence of a new sentencing factor. The new factor, according to Darland, is that, given the consecutive nature of his sentences on the two drug related offenses, he could never attain the minimum custody classification required by the Department of Corrections (DOC) to take advantage of the risk reduction sentence (RRS) program while serving his first sentence. We affirm because Darland’s inability to complete the RRS program during his first sentence was not highly relevant to the circuit court’s sentencing decision and thus does not constitute a new factor warranting sentence modification.

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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.