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STATE v. SOLLES

No. 91-0713.

169 Wis.2d 566 (1992)

485 N.W.2d 457

STATE of Wisconsin, Plaintiff-Respondent, v. Larry Gene SOLLES, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 28, 1992.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of John Pray of Legal Assistance to Institutionalized Persons Program of Madison.

For the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general, with Marguerite M. Moeller, assistant attorney general.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

GARTZKE, P.J.

Larry Solles appeals from an order denying his motion to reduce the sentence the trial court imposed after vacating his original sentence. The question is whether when resentencing a defendant, the trial court may take into account present circumstances concerning the defendant's good record and character. We hold to the contrary: the sentence must be based upon the circumstances as they existed when the original sentence was imposed. We therefore affirm...

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