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STATE v. MEYER

No. 88-1317-CR.

150 Wis.2d 603 (1989)

442 N.W.2d 483

STATE of Wisconsin, Plaintiff-Respondent, v. Steven P. MEYER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 1, 1989.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Terrence P. Fox of Manitowoc.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Donald J. Hanaway, attorney general and William L. Gansner, assistant attorney general.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

The issue on this appeal is whether a sentenced defendant who claims an abuse of sentencing discretion must bring a motion for modification of the sentence in the trial court as a prerequisite to an appeal brought pursuant to sec. 973.19, Stats. We hold that such a motion is required. Since a motion to modify the sentence was not presented to the sentencing court, and since there is no resultant final order, we dismiss Steven Meyer's appeal.

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