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4. 973.19, sentence mod.

State v. Robert L. Noll, 2002 WI App 273 Issue: Whether a new-factor based motion to modify sentence may be rejected as untimely under § 973.19. Holding: The motion invoked the trial court’s inherent authority to modify, and therefore § 973.19 and its 90-day deadline was inapplicable. ¶5. The two procedures are distinct. Under § 973.19 a defendant… Read More

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State v. Joseph Scaccio III, 2000 WI App 265, 240 Wis.2d 95 For Scaccio: Jim D. Scott Issue: Whether Scaccio’s motion to modify a sentencing imposed after revocation was untimely because he failed to appeal the original judgment of conviction. Holding/Analysis: The principle is readily stated — you can take a direct appeal of a… Read More

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