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Sentencing – Review – Modification – “New Factor,” Generally

State v. Lorenzo Wood, 2007 WI App 190, PFR filed 8/16/07
For Wood: Michael D. Kaiser

Issue/Holding:

¶5 A new factor, as defined in Rosado v. State, 70 Wis. 2d 280, 288, 234 N.W.2d 69 (1975), is

a fact or set of facts highly relevant to the imposition of sentence, but not known to the trial judge at the time of original sentencing, either because it was not then in existence or because, even though it was then in existence, it was unknowingly overlooked by all of the parties.

A new factor is something that frustrates the purpose of the sentencing court. See State v. Franklin, 148 Wis. 2d 1, 14, 434 N.W.2d 609 (1989). “To promote the policy of finality of judgments, strict rules govern the information that can be considered in a request for sentence modification.” State v. Carter, 208 Wis. 2d 142, 146, 560 N.W.2d 256 (1997) (citing Franklin, 148 Wis. 2d at 9).

 

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