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2002 WI App 265

State v. Gallion

Court of Appeals of Wisconsin

Decided October 10, 2002

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Court of Appeals of Wisconsin · decided 2002-10-10

Cited by 12 later decisions — most recently July 2016

12 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2002-10-10

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DYKMAN, J.

¶1¶ 42. (concurring). I concur in the *497majority mandate because I agree that constitutional considerations do not require a new approach to sentencing under truth-in-sentencing, and I agree that the sentencing court did not consider improper factors when sentencing Gallion. I also agree that Gallion's sentence does not shock public sentiment.

¶2¶ 43. But removing the parole board from the sentencing equation raises other issues which we do not address today. Using common law principles, courts have for many years maintained the right to alter imposed sentences, albeit within restrictive boundaries. Truth-in-sentencing has not, and perhaps could not prevent courts from correcting what they subsequently conclude was error. We will have to address those issues when they arise.

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