State v. Kluck

¶ 1. The State of Wisconsin (State) seeks review of a court of appeals' decision which reversed an order denying Gary L. Kluck's (Kluck) motion to modify his 16 month county jail sentence. State v. Kluck, 200 Wis. 2d 837, 548 N.W.2d 97 (Ct. App. 1996). The issue is whether a defendant's four month period of sobriety while out on bail pending appeal of a misdemeanor conviction is a "new factor" authorizing the circuit court to modify the defendant's county jail sentence. We hold that it is not. Accordingly, we reverse.

¶ 2. This case consists of three consolidated cases. The underlying facts,…