State v. Michels

Franz Michels appeals from an order which denied his motion to modify his sentence. Because we conclude that Michels' worsening health is not a new factor entitling him to resentencing, we affirm the trial court's order.

Franz Michels was sentenced on August 14,1986, to an indeterminate term of imprisonment not to exceed eight years. He had been convicted of manslaughter for the death of his twelve-year-old foster child. At the time of sentencing, it was known that Michels suffered from diabetes, high blood pressure and back problems.

In October of 1987, Michels suffered a heart attack while…