Legal Opinion

State v. Benson

Court of Appeals of Wisconsin

Decided August 28, 2018No. Appeal No. 2017AP1353-CRPublished

1Per curiam

¶ 1 Darryl P. Benson, pro se , appeals from an order of the circuit court that denied his "motion to modify sentence and presentence investigation report based upon 'new factors' " and his request for a hearing to correct the presentence investigation report (PSI). The circuit court concluded the motion was procedurally barred under State v. Escalona-Naranjo , 185 Wis. 2d 168, 517 N.W.2d 157 (1994), and that, alternatively, there was no basis for relief. We affirm, using slightly different grounds than the circuit court.

BACKGROUND

¶ 2 In 2009, Benson was charged with four counts of…

2Cases cited16 opinions

  1. State v. Escalona-NaranjoWisconsin Supreme Court · 1994
  2. Rosado v. StateWisconsin Supreme Court · 1975
  3. State v. HuebnerWisconsin Supreme Court · 2000
  4. State v. LechnerWisconsin Supreme Court · 1998
  5. State v. TiepelmanWisconsin Supreme Court · 2006

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