State v. Christopher Joseph Allen

¶ 1.

ANN WALSH BRADLEY, J.

Petitioner, Christopher Joseph Allen ("Allen"), seeks review of a court of appeals decision affirming a circuit court amended judgment and order denying his motion for a new sentencing hearing. The court of appeals determined that under State v. Leitner, 2002 WI 77, 253 Wis. 2d 449, 646 N.W.2d 341, a sentencing court is permitted to consider all of the facts underlying an expunged record of conviction, and not only those facts underlying the crime itself.

¶ 2. Allen requests a new sentencing hearing, contending that Leitner prohibited the sentencing court from…