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E. Sentence

State v. Jacqueline Robinson, 2014 WI 35, affirming an unpublished court of appeals decision; case activity From the majority opinion, this looks like an open and shut case. When sentencing Robinson, the trial judge said he misunderstood the sentence she had received in another matter. One day later, he recalled the case and increased the… Read More

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Review of per curiam court of appeals decision; case activity Issue (from the Petition for Review): Were Robinson’s state and federal constitutional rights against double jeopardy violated when, after imposing a sentence and remanding her to start serving the sentence forthwith, the circuit court recalled the case the next day and increased her sentence, not… Read More

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Consecutive sentences following partial plea withdrawal and reconviction Click here for court of appeals decision, petition for review granted 10/27/10 Defense counsel: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: After sentencing on 3 separate counts, the trial court granted Lamar’s motion to withdraw his guilty pleas to 2 of the counts. He continued to serve… Read More

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State v. Charles Lamar, 2009 WI App 133, PFR filed 9/10/09 For Lamar: Donna L. Hintze, SPD, Madison Appellate Issue/Holding: No presumption of vindictiveness applied to resentencing by a different judge upon guilty pleas re-entered after the original trial court granted Lamar’s postconviction motion to withdraw the initial guilty pleas. ¶17      In Naydihor, our supreme court found that… Read More

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State v. Bart C. Gruetzmacher, 2004 WI 55, on certification For Gruetzamacher: Jennelle London Joset Issue/Holding: ¶14. We now decide whether circuit courts should be allowed to correct obvious errors in sentencing where it is clear that a good faith mistake was made in an initial sentencing pronouncement, where the court promptly recognizes the error, and… Read More

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State v. Timothy J. Helm, 2002 WI App 154, PFR filed 6/11/02 Issue: Whether resentencing, to correct an illegal sentence, violated double jeopardy because it resulted in an increase in the original sentence. Holding: On sentence after revocation, the trial court reimposed probation on one of the counts; this was an unauthorized disposition which the trial court properly… Read More

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State v. Ary L. Jones, 2002 WI App 208 For Jones: Arthur B. Nathan Issue/Holding: ¶14. The rule we adopt in Wisconsin, therefore, is that when a defendant makes a fraudulent representation to the sentencing court and the court accepts and relies upon that representation in determining the length of the sentence, the defendant has no… Read More

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State v. Guy R. Willett, 2000 WI App 212, 238 Wis.2d 621, 618 N.W.2d 881 For Willett: Susan E. Alesia, SPD, Madison Appellate Issue: Whether the trial court had authority to change its sentences from concurrent to consecutive to a separately imposed sentence, four months later, after concluding that its sentencing was based on an… Read More

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