973.19 Motion to modify sentence.

447 words·~2 min read·/wi/chapter-973/973-19-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A person sentenced to imprisonment or the intensive sanctions program or ordered to pay a fine who has not requested the preparation of transcripts under s. 809.30

(2)may, within 90 days after the sentence or order is entered, move the court to modify the sentence or the amount of the fine.

(b)A person who has requested transcripts under s. 809.30

(2)may move for modification of a sentence or fine under s. 809.30

(h).

(2)Within 90 days after a motion under sub.

(a)is filed, the court shall enter an order either determining the motion or extending the time for doing so by not more than 90 days for cause.

(3)If an order determining a motion under sub.

(a)is not entered timely under sub.

(2), the motion shall be considered denied and the clerk of the court shall immediately enter an order denying the motion.

(4)An appeal from an order determining a motion under sub.

(a)is governed by the procedure for civil appeals.

(5)By filing a motion under sub.

(a)the defendant waives his or her right to file an appeal or postconviction motion under s. 809.30

(2).

973.19 Note Judicial Council Note, 1984: This section is intended as an expeditious alternative to the procedure prescribed in s. 809.30

(2)when the only claim for postconviction relief relates to the severity of the sentence. It is not intended to alter the substantive grounds for such relief and it restores the time limits governing such motions prior to the 1978 revision of the appellate rules.

973.19 Note This section will probably be most frequently used in guilty plea cases, although it is not limited to such cases. However, if the defendant intends to withdraw a guilty plea or file other postconviction motions, s. 809.30

(2)or 974.06 provides the appropriate procedure. Motions under this section should usually be filed by trial counsel without the need for transcripts or for appointment of an appellate public defender. A defendant must elect between the remedies provided by this section and s. 809.30 (2). Filing a motion under this section waives relief under s. 809.30 (2). However, a defendant who has filed a notice of intent to pursue postconviction relief under s. 809.30

(b)may invoke this remedy at any time before transcripts are ordered under s. 809.30 (2). If transcripts are required for prosecution of a motion under sub.

(1)(a), they should be sought under SCR 71.03 (2).

973.19 Note Sub.

(4)does not expand the scope of appellate review. [Re Order effective July 1, 1985.]