Sentence Modification — New Factor — Lesser Culpability — Not “Unknowingly Overlooked”

State v. Andre D. Crockett, 2001 WI App 235, PFR filedFor Crockett: David D. Cook

Issue:Whether facts suggesting that the defendant might have been less culpable than his codefendants amounted to a new factor justifying modification of sentence.

Holding: A new factor may be relate to facts “unknowingly overlooked” at sentencing; here, although the asserted new factor may have been unknowingly overlooked by the sentencing court, the defendant makes no claim that he was unaware of it, and it therefore fails the test. ¶14, citing State v. Kluck, 210 Wis. 2d 1, 7, 563 N.W.2d 468 (1997).