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STATE v. MONTROY

Nos. 2004AP3249-CR, 2004AP3250-CR.

287 Wis.2d 430 (2005)

2005 WI App 230

706 N.W.2d 145

STATE of Wisconsin, Plaintiff-Respondent, v. James I. MONTROY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 30, 2005.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Jay E. Heit of Herrick & Hart, S.C., Eau Claire.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Peggy A. Lautenschlager, attorney general, and Jeffrey J. Kassel, assistant attorney general, Madison.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. PETERSON, J.

James Montroy appeals judgments of conviction for burglary and cocaine possession with intent to deliver and an order denying his postconviction motion for sentence modification. Montroy argues the circuit court erred by: (1) concluding he was not entitled to a new presentence investigation report and sentencing hearing; (2) determining he was not eligible for the Earned Release Program; and (3) considering...

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