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STATE v. BARFELL

No. 2009AP1568-CR.

782 N.W.2d 437 (2010)

2010 WI App 61

STATE of Wisconsin, Plaintiff-Respondent, v. Thomas H.L. BARFELL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed March 10, 2010.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Roberta A. Heckes, Adell.

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

Before BROWN, C.J., NEUBAUER, P.J., and ANDERSON, J.

¶ 1 ANDERSON, J.

The circuit court erred while sentencing Thomas H.L. Barfell when it failed to consider the sentencing guidelines for burglary that were then in effect. Barfell appeals the court's mistake and is seeking a resentencing at which the court must consider the sentencing guidelines. However, the statute requiring the circuit court to consider sentence guidelines was repealed after Barfell's sentencing. We affirm because Barfell is not entitled to...

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