Legal Opinion · Dissent

State v. Carter

Wisconsin Supreme Court

Decided March 19, 1997No. 94-2001-CRPublished

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

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
  3. City of Akron v. Akron Center for Reproductive Health, Inc.Supreme Court of the United States · 1983
  4. State v. StevensWisconsin Supreme Court · 1994
  5. Grobarchik v. StateWisconsin Supreme Court · 1981

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