Abuse of Discretion – Sentence Modification

By: Derek Hawkins//November 23, 2021//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Santiago B. Rios

Case No.: 2020AP2132-CR

Officials: GROGAN, J.

Focus: Abuse of Discretion – Sentence Modification

Santiago B. Rios appeals from a judgment entered on his no contest pleas to three misdemeanors: (1) criminal trespass to dwelling; (2) criminal damage to property; and (3) disorderly conduct. He also appeals from an order denying his postconviction motion seeking resentencing or sentence modification. On appeal, he raises two claims: (1) the circuit court erroneously exercised its discretion because it failed to adequately consider his drug addiction in imposing sentence; and (2) the disruption to drug treatment programming caused by the COVID-19 pandemic constitutes a new factor warranting sentence modification.

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Derek A Hawkins is Corporate Counsel, at Salesforce.