Legal Opinion

State v. Prager

Court of Appeals of Wisconsin

Decided April 13, 2005No. 2004AP843-CRPublishedCited by 1 opinion

1Opinion of the CourtSnyder, J.

¶ 1. Frederick W. Prager appeals from an amended judgment of conviction, specifically challenging the sentence imposed by the circuit court. Prager argues that the circuit court improperly applied the new factor analysis to resentence him. We agree that there was no new factor upon which to base a modified sentence. Accordingly, the amended judgment of conviction and sentence of the circuit court are reversed. We remand with directions for the circuit court to reinstate the original judgment of conviction, sentence, and probation placement with conditions.

FACTS AND PROCEDURAL BACKGROUND

¶ 2.…

2Cases cited15 opinions

  1. United States v. DiFrancescoSupreme Court of the United States · 1980
  2. State v. GallionWisconsin Supreme Court · 2004
  3. Rosado v. StateWisconsin Supreme Court · 1975
  4. State v. CastilloWisconsin Supreme Court · 1997
  5. State v. FranklinWisconsin Supreme Court · 1989

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3Cited by1 opinion

  1. State v. HodgkinsCourt of Appeals of Wisconsin · 2018

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