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Sentence Modification – New Factor – DOC Determination of Ineligibility for Boot Camp (CIP)

State v. Jeremy D. Schladweiler, 2009 WI App 177
Pro se

Issue/Holding: DOC determination that an inmate isn’t eligible for CIP doesn’t constitute a new factor, notwithstanding the sentencing court’s determination that he is eligible.

¶11      Here, the trial court determined that Schladweiler was eligible for the CIP. … The sentencing court expressly indicated that participation in the CIP is a possibility to be ultimately determined by the department, explaining to Schladweiler the sentencing modifications that would take place “ if you are placed in … the [CIP] as determined by the department.” (Emphasis added.) Based on these statements and the statutory framework which provides the DOC with the final word on his eligibility, Schladweiler simply cannot establish that the DOC’s potential denial of placement was a fact not known to the trial court at the time of sentencing.

¶14      In sum, there is nothing in the court’s explanation that in any way indicates that its sentencing decision was premised upon Schladweiler’s acceptance into the CIP. We therefore conclude that Schladweiler has failed to demonstrate that his inability to meet the CIP placement criteria frustrated the purpose of the trial court’s sentence. See Johnson, 158 Wis. 2d at 466.

 

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