Postconviction Relief-Sentence Modification

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Kenneth Darrell Lyons

Case No.: 2023AP000173-CR

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

Focus: Postconviction Relief-Sentence Modification

Lyons appealed his conviction and the denial of his postconviction motion for sentence modification. Lyons had pleaded guilty to possessing heroin and cocaine with intent to deliver, following a narcotics investigation. He was sentenced to five years, eligible for the Challenge Incarceration Program but deemed ineligible for the Substance Abuse Program due to a lack of evidence of a substance abuse problem at sentencing.

Lyons sought to modify his sentence based on a Department of Corrections report that classified him as a high priority for substance use disorder treatment, arguing it was a new factor. However, the court concluded that any substance abuse issues would have been known to Lyons at sentencing, thus not constituting a new factor. The court highlighted that a defendant must demonstrate that a new factor is both previously unknown and justifies a sentence modification. Lyons’ awareness of his drug use at sentencing and his lack of claims about a substance abuse problem negated his argument.

Additionally, the report’s findings, including Lyons’ self-reported cessation of marijuana use and no alcohol consumption, undermined the claim of a substance abuse disorder justifying sentence modification. The appeals court ruled that Lyons had not demonstrated the existence of a new factor warranting a change in his sentence.

Affirmed.

Decided 03/05/24

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