Sentencing Modification

Listen to this article

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Murry Locke

Case No.: 2018AP2446-CR

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

Focus: Sentencing Modification

Murry Locke, pro se, appeals from an order denying his motion for sentence modification based on two allegedly new factors. The first alleged new factor was that one of Locke’s read-in offenses involved the violation of a statute that was later found to be unconstitutional. Locke asserts the court improperly considered that offense at his resentencing. The second alleged new factor was Locke’s unawareness, during his resentencing, of the circumstances under which a resentencing court can lawfully impose a sentence longer than that levied at the original sentencing. Locke argues that by imposing a longer sentence upon his resentencing here, the court violated his rights to due process and to be free from double jeopardy. For the reasons stated herein, we conclude that Locke has not shown a new factor that warrants modification of his sentence. Accordingly, we affirm.

Full Text

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.