Sentence Modification

By: Derek Hawkins//March 20, 2018//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Bruce D. Johnson

Case No.: 2017AP834-CR

Officials: HRUZ, J.

Focus: Sentence Modification

Bruce Johnson appeals a judgment of conviction and an order denying his postconviction motion. Johnson argues he is entitled either to sentence modification due to a new factor or to resentencing because the circuit court relied on inaccurate information at sentencing. The main premise of both arguments is that the circuit court mistakenly believed Johnson would serve his sentence in jail instead of prison. We conclude that, assuming this constituted a new factor, the circuit court did not erroneously exercise its discretion in deciding this factor failed to justify modifying Johnson’s sentence. We also conclude the court did not rely on this fact at sentencing such that resentencing is required. Accordingly, we affirm.

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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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