Sentence Modification

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. John G. Dahlk

Case No.: 2020AP1277-CR

Officials: Blanchard, P.J., Graham, and Nashold, JJ.

Focus: Sentence Modification

John G. Dahlk appeals pro se from a postconviction court order denying his motions for sentence modification and resentencing. Dahlk raises two separate sentence modification claims, arguing that a change in parole policy, and his assistance to law enforcement, are “new factors” warranting sentence modification. See State v. Harbor, 2011 WI 28, ¶35, 333 Wis. 2d 53, 797 N.W.2d 828. We construe Dahlk to also seek resentencing based on his assertion that his original sentence was illegal.

We reject Dahlk’s arguments. Dahlk has not demonstrated that a change in parole policy is a new factor. Moreover, even assuming Dahlk’s assistance to law enforcement is a new factor, the postconviction court did not erroneously exercise its discretion in not modifying Dahlk’s sentence on that basis. Finally, Dahlk has not demonstrated that his sentence was illegal. We therefore affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.