Opinion
No. 2013AP536–CR.
2013-11-19
STATE of Wisconsin, Plaintiff–Respondent, v. Glenn M. HILLS, Defendant–Appellant.
When it imposed sentence, the circuit court commented that Diaz “was an innocent young man with a bright future, just like you were a young man with a bright future when you woke up that morning. Efrain Diaz, an innocent 16 year old, who lost his life for nothing. Wrong place, wrong time.” Id., 2011 WI 28, ¶ 40, 333 Wis.2d at 74, 797 N.W.2d at 838 (citation omitted). If a new factor exists, then the circuit court determines whether the new factor justifies sentence modification. Id., 2011 WI 28, ¶ 37, 333 Wis.2d at 73, 797 N.W.2d at 838. Whether a new factor exists is a question of law, but whether a new factor justifies sentence modification is committed to the circuit court's discretion. Id., 2011 WI 28, ¶¶ 36–37, 333 Wis.2d at 72–73, 797 N.W.2d at 838.