Legal Opinion

State v. Spears

Court of Appeals of Wisconsin

Decided June 9, 1998No. 97-0536-CRPublishedCited by 3 opinions

1Opinion of the CourtSchudson, J.

Yolanda M. Spears appeals from the judgment of conviction, following her Alford 1 plea, for second-degree intentional homicide, and from the order denying her motion for postconviction relief. Spears argues that the sentencing court erred in ruling that her victim's criminal record was irrelevant to sentencing. We agree. Accordingly, while we affirm the judgment of conviction, we reverse the trial court's postconviction order and remand for resentencing.

On the night of July 14, 1995, Spears and three Mends, Necole Winters, Latoya Austin, and Tanya Austin, were celebrating Latoya's birthday at…

2Cases cited13 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. Payne v. TennesseeSupreme Court of the United States · 1991
  3. Williams v. New YorkSupreme Court of the United States · 1949
  4. State v. SullivanWisconsin Supreme Court · 1998
  5. State v. GarciaWisconsin Supreme Court · 1995

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3Cited by3 opinions

  1. State v. SpearsWisconsin Supreme Court · 1999
  2. State v. SpearsWisconsin Supreme Court · 1999
  3. State v. SpearsWisconsin Supreme Court · 1999

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