[DOWNLOAD] "State V. Jones" by Wisconsin Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: State V. Jones
- Author : Wisconsin Court of Appeals
- Release Date : January 03, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
¶1. Ary L. Jones, Sr., claimed to have been a prisoner of war in Vietnam, a circumstance that the trial court then considered in issuing its original sentence. Later, the court found that Jones had lied and resentenced him to a longer term. Jones now asserts that the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution prevented his resentencing after the fabrication was brought to the attention of the trial court. We conclude that where, as here, the defendant makes a fraudulent representation to the court, which the court accepts and relies upon in granting a sentence, the court may later declare the sentence void and double jeopardy does not bar a subsequently increased sentence. Therefore, we affirm the trial court's new sentence.
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