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STATE v. SCHLADWEILER

No. 2008AP3119-CR.

777 N.W.2d 114 (2009)

2009 WI App 177

STATE of Wisconsin, Plaintiff-Respondent, v. Jeremy D. SCHLADWEILER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed November 11, 2009.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Jeremy Schladweiler.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Eileen W. Pray, assistant attorney general, and J.B. Van Hollen, attorney general.

Before NEUBAUER, P.J., ANDERSON and SNYDER, JJ.

¶ 1 NEUBAUER, P.J.

Jeremy Schladweiler appeals from a postconviction order denying his motion for sentence modification. Schladweiler contends that he is entitled to resentencing based on a "new factor," namely that the department of corrections (DOC) denied him placement in the Challenge Incarceration Program (CIP) despite the trial court's determination at sentencing that Schladweiler was eligible for the program. The trial court's statutorily required CIP...

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