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Wis. Stat. § 973.19

Motion to modify sentence

Applied in 12 court decisions — leading case State v. Tramell E. Starks (2013)

Most recently applied in State v. Tramell E. Starks (July 2013)

Sup

How often courts cite this section

20002010201330
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1)

(a) A person sentenced to imprisonment or the intensive sanctions program or ordered to pay a fine who has not requested the preparation of transcripts under s. 809.30 (2) may, within 90 days after the sentence or order is entered, move the court to modify the sentence or the amount of the fine.

(b) A person who has requested transcripts under s. 809.30 (2) may move for modification of a sentence or fine under s. 809.30 (2) (h).

(2) Within 90 days after a motion under sub.

(1)

(a) is filed, the court shall enter an order either determining the motion or extending the time for doing so by not more than 90 days for cause.

(3) If an order determining a motion under sub.

(1)

(a) is not entered timely under sub. (2), the motion shall be considered denied and the clerk of the court shall immediately enter an order denying the motion.

(4) An appeal from an order determining a motion under sub.

(1)

(a) is governed by the procedure for civil appeals.

(5) By filing a motion under sub.

(1)

(a) the defendant waives his or her right to file an appeal or postconviction motion under s. 809.30 (2).

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.