Amendment Judgment and Postconviction Motion Denied

By: Derek Hawkins//January 29, 2019//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Justin Robert White

Case No.: 2018AP154-CR

Officials: Kessler, P.J., Brennan and Dugan, JJ.

Focus: Amendment Judgment and Postconviction Motion Denied

Justin Robert White appeals an amended judgment of conviction entered on February 3, 2017. He also appeals a circuit court order entered January 2, 2018, denying postconviction relief. He claims that certain language in the amended judgment of conviction must be removed because the language was derived from a statute that does not apply to him, does not reflect the sentencing court’s order, and was inserted by the clerk of circuit court acting without a judicial directive. For the reasons that follow, we are persuaded that the language must be removed. Accordingly, we reverse the amended judgment of conviction in part, reverse the postconviction order, and remand with instructions to correct the amended judgment of conviction by striking the language inserted by the clerk.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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