COURT OF APPEALS DECISION DATED AND FILED September 16, 2008 David R. Schanker Clerk of Court of Appeals |
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This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports. A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. See Wis. Stat. § 808.10 and Rule 809.62. |
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Appeal No. |
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STATE OF WISCONSIN |
IN COURT OF APPEALS |
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DISTRICT III |
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State of
Plaintiff-Respondent, v.
Defendant-Appellant. |
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APPEAL
from an order of the circuit court for
Before
¶1 PER CURIAM. Chad Henden appeals an order denying his motion to vacate a judgment imposing sentence after the revocation of Henden’s probation. Henden argues he is entitled to resentencing because the circuit court relied on inaccurate information. We reject Henden’s argument and affirm the order.
Background
¶2 In January 2006, Henden was convicted upon his no contest pleas to two counts of substantial battery and one count of battery. The court withheld sentence and imposed concurrent probation terms consisting of four years for each of the substantial battery convictions and two years for the battery conviction. As conditions of his probation, Henden was required to attend counseling classes, maintain full-time employment and refrain from consuming alcohol or entering taverns. Henden’s probation was later revoked and the court imposed consecutive terms of one and one-half years’ initial confinement and two years’ extended supervision on each of the substantial battery convictions. With respect to the battery conviction, the court imposed a concurrent nine-month jail term. Henden’s motion for resentencing was denied and this appeal follows.
Discussion
¶3 Henden argues he is entitled to resentencing because the
circuit court relied on inaccurate information.
A defendant has a due process right to be sentenced on the basis of
accurate information. State
v. Tiepelman, 2006 WI 66, ¶9, 291
¶4 Here, Henden contends the sentencing court relied on
inaccurate information regarding charges against him in
[T]he violation that Mr. Henden committed involving the theft of money from his sister’s Downtown Market and Spirits in La Crosse was originally charged by [the] La Crosse County district attorney. After discussing the matter with him, he admitted that he shouldn’t have charged the theft of the money. His charge was six counts, two counts of theft, three counts of bail jumping, and one count of resisting officers. There’s a mistake in the judgment of dismissal acquittal, and as per the statement of negotiated plea, the theft of the money was dismissed on its merits. Count 3 to bail jumping, that was also dismissed on its merits. … The actual violation on the probation report was the theft of money. That charge was dismissed on its merits.
¶5 Henden argues he was sentenced based on inaccurate
information because the circuit court relied on the prosecutor’s
misrepresentation that the theft charge and attendant bail jumping charge were
dismissed and read in, rather than dismissed on their merits. We are not persuaded. The circuit court acknowledged there was some
disagreement regarding the
¶6 At the hearing on Henden’s motion for resentencing, the court
reiterated that the sentence after revocation was not based on information
regarding the
By the Court.—Order affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)5.