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Sentence Modification — New Factor: Transfer to out-of-state Prison

State v. Anthony A. Parker, 2001 WI App 111

Issue: Whether transfer to an out-of-state prison was a new factor supporting sentence modification.

Holding:

¶11. Parker contends that his transfer out of state is a new factor that frustrates the purpose of his sentence because his placement no longer coincides with the judgment of conviction confining him to ‘Wisconsin state prisons.’ Parker’s reliance upon these words is excessively literal and finds no support in the case law. In Evers, we held that such language simply identifies the initial place of imprisonment for those who are imprisoned for more than one year.Evers, 2000 WI App 144 at ¶12. It creates neither a right of inmates to remain in Wisconsin institutions nor a restriction on the authority of the department to place inmates outside of Wisconsin when appropriate. Id.; see also Lambert, 35 F. Supp. 2d at 1132. Consequently, Parker’s transfer to a Minnesota prison does not violate his judgment of conviction.

¶12. Moreover, in reviewing the sentencing transcript, there is no indication that serving a portion of his term in a Minnesota prison, as opposed to a Wisconsin one, somehow frustrates the original intent of the trial court’s sentence. Indeed, the transcript makes clear that the court was primarily concerned about protecting the public from the violent conduct demonstrated by Parker in the case before it and his criminal history. The sentence was based on the gravity of the offense, the need for protection of the public, and Parker’s need for reform. Accordingly, we reject his claim.

 

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