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STATE v. SCACCIO

No. 99-3101-CR, 00-0924.

240 Wis.2d 95 (2000)

2000 WI App 265

622 N.W.2d 449

STATE of Wisconsin, Plaintiff-Respondent, v. Joseph SCACCIO III, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 9, 2000.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Jim D. Scott of Michael Ablan Law Firm, S.C. of La Crosse.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and James M. Freimuth, assistant attorney general.

Before Dykman, P.J., Deininger, J., and William Eich, Reserve Judge.

¶ 1. DYKMAN, P.J.

Joseph Scaccio appeals from a judgment sentencing him to five years in prison and an order denying his motion to modify the sentence. He argues that the trial court erred in failing to fully consider his motion to modify his sentence on its merits. The State contends that Scaccio's motion was untimely because he failed to appeal the original judgment of conviction. We conclude that Scaccio's motion...

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