Sentence Modification

By: Derek Hawkins//March 18, 2020//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Jared L. Spencer

Case No.: 2019AP308-CR

Officials: Kloppenburg, Graham, and Nashold, JJ.

Focus: Sentence Modification

Jared Spencer appeals a judgment of conviction and circuit court orders that denied Spencer’s motion for sentence modification or resentencing and his motion for reconsideration. Spencer contends that he is entitled to sentence modification based on a new factor: evidence that Spencer attempted to take his psychiatric medications as prescribed when he was in jail. Alternatively, he argues that he is entitled to resentencing because the court relied on inaccurate information that Spencer refused his psychiatric medications in jail. We conclude first that the court properly exercised its discretion when it denied Spencer’s motion for sentence modification. We then conclude that Spencer is not entitled to resentencing because any error by the court in relying on inaccurate information was harmless. We affirm.

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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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