OSHKOSH, WI (WTAQ-WLUK) — The state appeals court Wednesday rejected Freddy Colon’s bid for a reduction to his sentence in connection with the death of a 10-month-old boy.
Colon is serving a 15-year sentence after being convicted of neglecting a child – consequence is death for the December 2018 incident at an Oshkosh home.
Colon appealed, arguing the sentencing judge was not aware of details from the plea hearing, that Colon was convicted of failing to take action to prevent death, as opposed to actively causing it. Colon argues that is a new factor, and he should be re-sentenced and not get the maximum.
But in a four-page decision, the court disagreed.
“Colon has failed to show the existence of a new factor because even though the sentencing court may have been unaware of the oral amendment at the plea hearing modifying the language of the charge from neglect “through his actions” to neglect “through his failure to take action,” Colon, his counsel, and the prosecutor were all aware of this modification at the time of sentencing—as they were all present and discussed it at the plea hearing. Thus, the fact of this modification was not “unknowingly overlooked by all of the parties,” the court wrote.
Colon is currently housed at the Kettle Moraine Correctional Institution.
