State v. MacEmon

A jury found the defendant-appellant, Robert J. Macemon, guilty of first-degree sexual assault, in violation of sec. 940.225(1) (b), Stats. On November 24, 1981, the circuit court of Racine county, Honorable Dennis J. Flynn, sentenced Macemon to not more than twenty years’ imprisonment.

On June 8, 1982, Macemon filed a motion to modify sentence, alleging, in part, that the proposed felony sentencing guidelines 1 were a “new factor” that should be considered by the court. Racine county had not adopted the felony sentencing guidelines. The issues presented are: (1) Whether evidence that the…