Opinion
No. 2013AP643–CR.
2014-02-18
STATE of Wisconsin, Plaintiff–Respondent, v. Daniel Thomas MISKOWSKI, Defendant–Appellant.
State v. Harbor, 2011 WI 28, ¶ 40, 333 Wis.2d 53, 797 N.W.2d 828 (citation omitted). “[I]f a court determines that the facts do not constitute a new factor as a matter of law, ‘it need go no further in its analysis' to decide the defendant's motion.” See id., ¶ 38 (citation omitted). On appeal, whether the facts proffered by the defendant constitute a new factor presents a question of law that this court reviews de novo. Id., ¶ 33.