Postconviction Relief-Sentencing

By: WISCONSIN LAW JOURNAL STAFF//September 11, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Garry Tyrone Stewart

Case No.: 2022AP000103-CR

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

Focus: Postconviction Relief-Sentencing

Garry Tyrone Stewart appeals from a judgment of conviction following his guilty plea to one count of second-degree reckless homicide, as a party to a crime, with use of a dangerous weapon. He also appeals from the decision and order denying his motion for postconviction relief. On appeal, Stewart argues that the circuit court “misused its discretion” in denying his presentencing motion to withdraw his guilty plea and it “misused its discretion” in sentencing him. Upon review, the appeals court concludes that the circuit court properly exercised its discretion in denying Stewart’s motion to withdraw his plea presentencing and also properly exercised its discretion in imposing its sentence.

Affirmed.

Decided 09/06/23

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