STATE v. FRANKLIN

No. 87-0297.

148 Wis.2d 1 (1988)

434 N.W.2d 609

STATE of Wisconsin, Plaintiff-Respondent, v. Michael D. FRANKLIN, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided February 2, 1989.


Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Mary E. Waitrovich, assistant state public defender, and oral argument by Eric Schulenberg, chief of appellate division of the state public defender office.

For the plaintiff-respondent the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the brief was Donald J. Hanaway, attorney general.


CALLOW, WILLIAM G., J.

This is a review of an unpublished decision of the court of appeals affirming an order of the Milwaukee County Circuit Court, Judge Ralph G. Gorenstein, refusing to modify Michael D. Franklin's sentence for armed masked robbery, attempted murder and escape.

We address two issues in this case. First, what is the burden of proof which a defendant must meet in order to demonstrate the existence of a new factor supporting a motion to modify...

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