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Sentence Modification — New Factor — Defendant’s “New-Found Realization” of Past Victimization

State v. Michael A. Grindemann, 2002 WI App 106, PFR filed 5/23/02
For Grindemann: Leonard D. Kachinsky

Issue/Holding: Defendant’s new-found realization that his behavior was caused by childhood sexual exploitation isn’t a new factor justifying sentence reduction: “¶25 … Just as a new expert opinion based on previously known or knowable facts is nothing more than the newly discovered importance of existing evidence … not newly discovered evidence for purposes of plea withdrawal, a court’s recharacterization or reweighing of previously known facts is not a new factor for sentence modification purposes.” (Internal quotes omitted.)

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