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Tag Archives: new factors

2010AP1131-CR State v. Bender

Sentencing Resentencing; new factors Heather Lee Bender moved for resentencing citing as a new factor the inability of Taycheedah Correctional Institution (TCI) to provide her with appropriate mental health treatment. We agree with Bender that mental health treatment at TCI is undeniably inadequate; we agree with the trial court that the fact does not constitute a new factor. We also ...

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2009AP1252-CR State v. Harbor

Sentencing Modification; new factors Frustration of the purpose of the original sentence is not an independent requirement when determining whether a fact or set of facts alleged by a defendant constitutes a new factor. “The requirements for sentence modification are meant to ‘promote[] the policy of finality of judgments [while at the same time] satisf[ying] the purpose of sentence modification, ...

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2010AP1279-CR State v. Brown

Sentencing Modification; new factors Leandra Brown, pro se, appeals from orders denying his motions to modify his sentence and to reconsider the adverse decisions. Because Brown fails to demonstrate the existence of a new factor warranting sentence modification, we affirm. This opinion will not be published. 2010AP1279-CR State v. Brown Dist I, Milwaukee County, Martens, J., Per Curiam Attorneys: For ...

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2010AP140-CR State v. Eckstein

Sentencing Modification; new factors Joseph Eckstein, pro se, appeals an order denying his motion for sentence modification. Eckstein argues: (1) the trial court erroneously exercised its discretion in imposing an excessive sentence; (2) the court erred by denying his motion for sentence modification without a hearing; and (3) the Parole Commission’s denial of his parole is a new factor warranting ...

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2010AP191-CR State v. Tabat

Sentencing Modification; new factors Gerald Allen Tabat, pro se, appeals from an order denying his motion for postconviction relief and from an order denying his motion to reconsider. The circuit court rejected his claim that an alleged change in parole policy warrants sentence modification. Because we conclude that the alleged policy change is neither a new factor nor an ex ...

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2009AP3110-CR State v. Martinez

Sentencing Modification; new factors Alejandro Martinez, pro se, appeals from a judgment of conviction for sexual assault of a twelve-year-old child, and an order denying his motion for sentence modification. Martinez argues “in Mexico older men as a custom date and have sex with underage girls routinely.” Martinez insists this alleged cultural custom constitutes a “new factor” entitling him to ...

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2009AP2842-CR State v. Schmeltzer

Sentencing Modification; new factors Mitchell Schmeltzer appeals from a judgment of conviction and an order denying his motion for postconviction relief. Schmeltzer argues a new factor warrants sentence modification and his sentence was harsh. We affirm. This opinion will not be published. 2009AP2842-CR State v. Schmeltzer Dist III, Marathon County, Brady, J., Per Curiam Attorneys: For Appellant: Alesia, Susan E., ...

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