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Sentence Modification

By: Derek Hawkins//March 31, 2020//

Sentence Modification

By: Derek Hawkins//March 31, 2020//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Casey T. Wittmann

Case No.: 2018AP1623-CR

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

Focus: Sentence Modification

Casey Wittmann appeals a judgment of conviction and an order denying his postconviction motion for sentence modification. Wittmann argues the circuit court deviated from the proper sentencing procedure and deprived him of his lawfully earned sentence credit. At the inception of the sentencing hearing, and again after analyzing the relevant sentencing factors but immediately before pronouncing a sentence, the court inquired about the amount of sentence credit Wittmann was owed, which was ultimately stipulated to be 245 days. The court ordered a ten-year sentence, consisting of three years, nine months’ initial confinement and six years, three months’ extended supervision. Under the circumstances present here, we conclude Wittmann has not met his burden of establishing that the court improperly lengthened his sentence in order to offset the sentence credit to which he was entitled. Consequently, 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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