State v. Kluck

Gary Kluck appeals an order denying his postconviction motion to modify his sixteen-month county jail sentence to twelve months on grounds his post-sentence conduct eliminated the reasons the court gave for lengthy incarceration. Because we disagree with the trial court's conclusion that the law prohibits it from reduction of a jail sentence even if the offender is rehabilitated, we vacate the order and remand for a resolution of Kluck's motion consistent with this opinion.

Kluck initially entered a no contest plea to battery, two counts of bail jumping and two counts of disorderly conduct. He…