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Sentencing

By: Derek Hawkins//February 14, 2017//

Sentencing

By: Derek Hawkins//February 14, 2017//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Michael T. Gant

Case No.: 2016AP647-CR

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

Focus: Sentencing

Michael Gant appeals a judgment convicting him of aggravated battery, resisting an officer, and obstructing an officer. He also appeals an order denying his postconviction motion for sentence modification. Gant contends the sentencing court mistakenly believed he would be eligible for

he Earned Release Program (ERP) and the Challenge Incarceration Program (CIP), and Gant’s ineligibility for those programs constitutes a new factor justifying a sentence reduction. Because Gant has not established by clear and convincing evidence that a new factor exists, see State v. Harbor, 2011 WI 28, ¶36, 333 Wis. 2d 53, 797 N.W.2d 828, we affirm the judgment and order

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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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