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Sentence modification — post-sentencing assistance to law enforcement

State v. John Doe, 2012AP414-CR, District 1, 1/23/13; court of appeals decision (not recommended for publication); case activity

The circuit court properly exercised its discretion in denying the defendant’s motion for sentence modification based on his assistance to law enforcement. The circuit court considered the factors established by State v. Doe, 2005 WI App 68, 280 Wis. 2d 731, 697 N.W.2d 101, for determining when post-sentencing assistance to law enforcement is a new factor, and concluded that the defendant’s assistance was not significant and useful. (¶¶7, 9-10). The defendant was not called to testify in the case in which he provided assistance because the prosecutor believed he had damaged his credibility by his conduct in the case in which he was seeking sentence modification and because other witnesses could provide the same evidence the defendant provided.

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