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Re-Sentencing — Multiple Counts, Challenge to One Count

State v. Jeffrey R. Groth, 2002 WI App 299, PFR filed 12/11/02
For Groth: Peter Koneazny, Randall E. Paulson, SPD, Milwaukee Appellate

Issue/Holding: ¶39 n. 1:

Groth was sentenced on all three counts at the same hearing and, therefore, the court’s determination of his sentence on any of the counts may well have affected its determination and structuring of his sentences on all three. Neither party on appeal has suggested otherwise. Therefore, although Groth has not challenged his convictions for aiding a felon and carrying a concealed weapon, his resentencing should encompass those counts as well as the homicide. See State v. Anderson, 222 Wis. 2d 403, 409-12, 588 N.W.2d 75 (Ct. App. 1998).

The language quoted above is probably broader than necessary. All the sentences seem to have stemmed from the same incident, so it’s hard to imagine how inaccurate information could taint one sentence but not another. Moreover, the relevance of Anderson to this issue is simply difficult to see.

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