District II
April 30, 2014
To:
Hon. Mary Kay Wagner
Circuit Court Judge
Kenosha County Courthouse
912 56th Street
Kenosha, WI 53140
Rebecca Matoska-Mentink
Clerk of Circuit Court
Kenosha County Courthouse
912 56th Street
Kenosha, WI 53140
Sandra L. Tarver
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
Robert D. Zapf
District Attorney
Molinaro Bldg
912 56th Street
Kenosha, WI 53140-3747
David L. Jones
2600 W. Hyland Blvd.
Milwaukee, WI 53233
You are hereby notified that the Court has entered the following opinion and order:
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State of Wisconsin v. David L. Jones (L.C. # 2012CF746) |
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Before Brown, C.J., Reilly and Gundrum, JJ.
David L. Jones appeals pro se
from a circuit court order denying his motion for sentence modification. Based on our review of the briefs and record, we conclude at
conference that this case is appropriate for summary disposition. See
Wis. Stat. Rule 809.21 (2011-12).[1] We affirm the order of the circuit court.
Jones was convicted following a guilty plea of retail
theft as a party to a crime. The circuit
court withheld sentence and placed Jones on probation for three years with nine
months of conditional jail time.
Jones subsequently filed a motion for sentence
modification pursuant to Wis. Stat. § 973.19. The circuit court denied the motion, stating
that it “made a record indicating all of the reasons that the conditional time
was being imposed.” This appeal follows.
On appeal, Jones contends that the circuit court erred
in denying his motion for sentence modification. Specifically, he asserts that the circuit
court erroneously exercised its discretion at sentencing and relied on
inaccurate information when it imposed the nine months of conditional jail time.
There are at least two reasons why Jones cannot
prevail in this case. First, because Jones
was not sentenced to imprisonment, he had no right to seek relief under Wis. Stat. § 973.19.[2] Second, Jones’ failure to ensure that the
record contains the sentencing transcript precludes this court from addressing his
arguments on their merits. See State ex rel. Darby v. Litscher,
2002 WI App 258, ¶5 n.4, 258 Wis. 2d 270, 653 N.W.2d 160 (when the record
is incomplete, we must assume that the missing material supports the circuit
court’s ruling). Accordingly, we cannot
say that the circuit court erred in denying Jones’ motion for sentence
modification.
Upon the foregoing reasons,
IT
IS ORDERED that the order of the circuit court is summarily affirmed, pursuant
to Wis. Stat. Rule 809.21.
Diane M. Fremgen
Clerk of Court of Appeals