State v. Carter
Wisconsin Supreme Court
1Dissent
*159DONALD W. STEINMETZ, J.
¶ 32. {dissenting). I believe that precedential case law from this court mandates that on resentencing to correct an invalid sentence, a circuit court should only consider information that was available to the court at the time of the original sentencing. Consequently, I dissent from the majority opinion.
¶ 33. Grobarchik v. State, 102 Wis. 2d 461, 307 N.W.2d 170 (1981), involved the improper sentencing of a criminal defendant by the trial court, and the proper means by which to remedy such an invalid sentence. The court held "that a resentencing proceeding is the proper…
2Cases cited13 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
- City of Akron v. Akron Center for Reproductive Health, Inc.Supreme Court of the United States · 1983
- State v. StevensWisconsin Supreme Court · 1994
- Grobarchik v. StateWisconsin Supreme Court · 1981
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