On Point blog, page 8 of 8
Sentence Modification — New Factor — Escalona-Naranjo Bar to Raising
State v. John Casteel, 2001 WI App 188, PFR filed
Issue: Whether Casteel’s failure to argue in a prior new-factor based attempt to modify sentence bars him from now arguing that the special action release program, § 304.02 — a statute extant at the time of the prior motion to modify — is a new factor.
Holding:
¶17. We note that the special action parole release statute was first adopted in 1989.
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.
Sentence Modification — New Factor: Community Support
State v. Thomas W. Koeppen, 2000 WI App 121, 237 Wis.2d 418, 614 N.W.2d 530
For Koeppen: Richard L. Zaffiro
Issue/Holding: Level of community support” enjoyed by the defendant not a new factor justifying sentence reduction.