State v. Klubertanz

¶ 45. (concurring). The majority today concludes that under the "unduly harsh and excessive" test, trial courts may not modify sentences because of post-sentencing facts. In State v. Grindemann, *7782002 WI App 106, ¶ 32, 255 Wis. 2d 632, 648 N.W.2d 507, the court concluded that a sentence well within the limits of the maximum penalty will almost never be unduly harsh or unconscionable. Putting today's decision and Grindemann together, it is apparent that in reality, there is nothing left of the concept recognized in State v. Tuttle, 21 Wis. 2d 147, 151, 124 N.W.2d 9 (1963), that appellate…