Sentence Modification

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Romero M. Watson

Case No.: 2022AP001971-CR

Officials: Donald, P.J., Geenen and Colón, JJ.

Focus: Senetence Modification

Romero M. Watson appeals from an order of the postconviction court denying his motion requesting sentence modification based on a new factor. More specifically, Watson argues that the sentencing court incorrectly stated that Watson was ineligible for the Challenge Incarceration Program (CIP), see WIS. STAT. § 302.045 (2017-18),2 and the Substance Abuse Program (SAP), see WIS. STAT. § 302.05, and Watson requests reconsideration of his eligibility for CIP and SAP. For the reasons set forth below, the appeals court reverses the postconviction court’s order and remand for a hearing addressing the issue of whether Watson is eligible for CIP or SAP because the sentencing court incorrectly stated that Watson was ineligible for these programs due to his firearm felony. This misstatement was deemed a “new factor” — a fact relevant to sentencing but not considered at the time due to oversight. The state conceded this error, which necessitated reconsideration of his eligibility. Since determining eligibility for these programs is a mandatory part of sentencing, the postconviction court’s decision to deny Watson’s motion for sentence modification without addressing this oversight was an erroneous exercise of discretion. Consequently, the case was remanded to properly assess Watson’s eligibility for these programs.

Reversed and remanded.

Decided 04/16/24

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