(DOWNLOAD) "State v. Dansby" by State of Wisconsin in Court of Appeals District I * Book PDF Kindle ePub Free
eBook details
- Title: State v. Dansby
- Author : State of Wisconsin in Court of Appeals District I
- Release Date : January 11, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
1 Clifford D. Dansby appeals the judgment convicting him of second-degree sexual assault, contrary to WIS. STAT.§ 940.225(2)(a) (2001-02). He also appeals from the order denying his motion for a new hearing. He argues that the trial court erroneously exercised its discretion at sentencing when it relied on unadjudicated juvenile contacts and because it failed to explain why he was given a consecutive sentence. Further, he argues that the trial court erred in denying his post-conviction motion for sentence modification based on new factors, without holding a hearing. Because Dansby failed to raise before the trial court the issue of the trial courts consideration of juvenile contacts and failed to object to the trial courts imposition of a consecutive sentence, we decline to address those issues. See, e.g., State v. Walker, 2006 WI 82, 7, 292 Wis. 2d 326, 716 N.W.2d 498 ("We conclude that when a defendant seeks modification of the sentence imposed at resentencing, Wis. Stat. (Rule) § 809.30 and Wis. Stat.§ 973.19 require the defendant to file a post-conviction motion with the circuit court before taking an appeal...."). The purpose behind the rule is to allow the trial court an opportunity to first address the issue and correct any error. State v. Gomez, 179 Wis. 2d 400, 407, 507 N.W.2d 378 (Ct. App. 1993).As to Dansbys claim that new factors require a modification of his sentence, he has not proved the existence of a new factor by clear and convincing evidence. Consequently, we affirm.
 "State v. Dansby" by State of Wisconsin in Court of Appeals District I * Book PDF Kindle ePub Free){kind=link}