Outagamie Co. man to be re-sentenced third time for same charge

Photo courtesy Clinton County, N.Y. Sheriff's Dept.

APPLETON, Wis. (WBAY) -- A man convicted of attempted homicide of an unborn child will be re-sentenced for a third time after filing a motion saying his statutory and constitutional right to be present at the previous re-sentencing hearings was violated.

Manishkumar Patel, 46, is scheduled to be re-sentenced for a third time regarding the charge at 8:30 a.m. on April 17.

Patel and his defense team filed a motion on January 15, requesting the court "vacate his sentence and grant him a new sentencing hearing."

Court documents state Patel was re-sentenced twice, and wasn't physically present at either hearing.

The first time Patel was re-sentenced, he appeared by a telephone call, and the second time he was re-sentenced, a letter was written to all legal teams involved.

According to state statute, the defendant has a right to be present when a court imposes a sentence.

The document states Patel was initially sentenced to a 26-year term of imprisonment, made of 22 years of confinement and four years of supervision.

According to the document, the sentence violated a Wisconsin Statute, which states the court is required "to impose a period of extended supervision at least '25 percent of the length of the term of confinement.'"

A few months after the sentencing hearing, the Wisconsin DOC notified the court and legal parties of the illegal sentencing by a letter.

Later on, the court scheduled a conference to discuss the sentencing, where Patel appeared by phone, as well as the state. The defense counsel was at the conference in person.

During the conference, the defense argued the court should correct the illegal sentence by lowering his confinement time from 22 years to 16, and leave the period of supervision the same.

However, documents say the state leaned in the opposite direction, saying the court shouldn't alter the term of confinement, but instead increase the supervision term in order to meet the statutory standard.

Court officials instead modified the sentence to 29 years of imprisonment, an increase from 26, and stated it would be made of 21.75 years of initial confinement and be followed by 7.25 years of extended supervision.

However, documents say the court wrote a letter to the parties the next day, and said after reviewing the statute, Patel's term of supervision was required to be at least 25 percent of his term of confinement, not his sentence as a whole.

Documents state the sentence was then amended a second time, which brought his term of initial confinement back to 22 years and reduced his supervision time to 5.5 years, which totaled 27.5 years.

That sentence is the current sentence he is serving.

According to legal documents, Patel didn't waive his right to be present at either of the re-sentencing hearings.

Patel was convicted of the charge on August 1, 2018.