Postconviction Relief-Sentence Modification

By: WISCONSIN LAW JOURNAL STAFF//June 26, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Ferris Jerry Booker, Jr.

Case No.: 2022AP000449-CR

Officials: Brash, C.J., Donald, P.J., and White, J.

Focus: Postconviction Relief-Sentence Modification

Booker appeals a judgment convicting him of armed robbery with use of a dangerous weapon as a party to a crime, and an order denying his postconviction motion. Booker contends that his codefendant’s criminal record is a new factor entitling him to sentence modification. Booker’s motion for postconviction relief requested sentence modification because the circuit court mistakenly believed at his sentencing that Pickens had no prior criminal record. The appeals court concludes that the circuit court did not make an error of law and properly “explained its reason for concluding that the facts [Booker] presented did not justify modification of [his] sentence.”

Affirmed.

Decided 06/20/23

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