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STATE v. McDERMOTT

No. 2010AP2232-CR.

810 N.W.2d 237 (2012)

2012 WI App 14

STATE of Wisconsin, Plaintiff-Respondent, v. Demian Hyden McDERMOTT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed January 10, 2012.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Robert R. Henak of Henak Law Office, S.C., Milwaukee, and Amelia L. Bizzaro of Bizzaro Law LLC, Milwaukee.

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

Before CURLEY, P.J., FINE and KESSLER, JJ.

FINE, J.

¶ 1 Demian McDermott appeals the circuit court's order denying his motion to modify his sentence for first-degree intentional homicide without first holding an evidentiary hearing. McDermott argues that he has shown new factors that justify a reduction in his parole-eligibility date. We disagree and affirm.

I.

¶ 2 In 1991, a jury found McDermott guilty of first-degree intentional homicide while possessing a dangerous weapon, as...

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