Postconviction Relief – Resentencing

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. James B. Lussier

Case No.: 2022AP000184-CR

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

Focus: Postconviction Relief – Resentencing

Lussier appeals a judgment convicting him of one count of felony murder and two counts of harboring or aiding a felon, all counts as a party to the crime. Lussier also appeals an order denying his postconviction motion for resentencing. Lussier contends that he is entitled to resentencing because the circuit court relied on inaccurate information when imposing his sentences. During Lussier’s sentencing hearing, the State erroneously stated three times that at the time Lussier committed the offenses charged in this case, he had a pending Vilas County charge for possession of methamphetamine. The appeals court concludes that nothing in the court’s sentencing remarks would support a conclusion that the prosecutor’s misstatements about the pending charge “formed part of the basis for [Lussier’s] sentence.” Lussier must show that the court gave “explicit attention” or “specific consideration” to the inaccurate information, such that the misinformation formed part of the basis for his sentence

Affirmed.

Decided 01/05/23 

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