Sentence Modification

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jerry Jarmon

Case No.: 2022AP001491-CR

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

Focus: Sentence Modification

Jarmon was convicted of first-degree intentional homicide for the 1997 shooting death of his girlfriend. Prior to trial, Jarmon was admitted to Mendota Mental Health Institute in March 1998 for an evaluation of his competency to stand trial. He was found competent in December 1998. A report in September 1999 found that Jarmon was “malingering” and “intentionally exaggerating his lack of understanding and dysfunction.” He was subsequently found by the circuit court to be competent to stand trial. Jarmon filed the motion for sentence modification underlying this appeal in April 2022. Jarmon argued that soon after he was sentenced, he was diagnosed with schizophrenia, and that this severe mental illness should have been a mitigating factor considered by the circuit court when it imposed sentence because it diminished his culpability for the offense

Jarmon appeals from an order of the circuit court denying his motion for sentence modification. Jarmon argues that his postsentencing mental illness diagnosis constitutes a new factor for sentence modification purposes.

The appeals court concludes the circuit court made no error of law and provided sound reasoning to support its determination that sentence modification was not warranted and, as such, it properly exercised its discretion.

Decided 10/17/23

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