Sentence Modification

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Christopher William John Caley

Case No.: 2019AP665-CR

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

Focus: Sentence Modification

Christopher Caley appeals from a judgment of conviction for eleven counts of capturing an image of nudity on camera without consent of the victims, contrary to WIS. STAT. § 942.09(2)(am)1. (2019-20), and for one count of disorderly conduct. Caley also appeals an order denying his postconviction motion seeking sentence modification, or, in the alternative, resentencing. Caley contends the circuit court erred at sentencing by relying on speculative testimony that overstated the number of potential victims to Caley’s crimes. Caley also contends the State violated its discovery obligations by not disclosing to him prior to sentencing the basis for its witness’s testimony estimating the number of his victims. Finally, Caley claims that there were actually a lower number of victims than was evidenced at sentencing, which is a new factor justifying a modification of his sentence. We reject Caley’s arguments and affirm.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.