Abuse of Discretion – Sentence Modification

By: Derek Hawkins//September 30, 2021//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Jonathan M. Kwiatkowski

Case No.: 2019AP1938-CR; 2019AP1939-CR

Officials: Neubauer, C.J., Gundrum and Davis, JJ.

Focus: Abuse of Discretion – Sentence Modification

In these consolidated matters, Jonathan M. Kwiatkowski appeals from judgments convicting him of third-degree sexual assault and misconduct in public office, and an order denying his postconviction motion for resentencing or sentence modification. Specifically, Kwiatkowski argues that he is entitled to resentencing because the circuit court relied on inaccurate information and otherwise erroneously exercised its discretion in imposing sentence. In the alternative, he asserts that the existence of new factors warrants modification of his sentence. We reject his arguments and affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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