State v. Bradley Allen Butler, 26 N.W.3d 792

Bradley Allen Butler pled no contest to charges of second-degree sexual assault of a child under 16, using a computer to facilitate a sex crime, and child enticement, arising from his text-based grooming and sexual encounter with 14-year-old Siara.
The offense involved a two-week period of text exchanges, in which Butler (an adult) became aware of Siara’s age, continued sexually explicit conversations, and ultimately engaged in sexual assault in a motel.
At sentencing, Butler’s defense contended that the text messages showed mutual sexual interest, while the State and victim's family described predatory grooming and severe emotional harm.
Butler was sentenced to ten years of initial confinement and five years of extended supervision; he later moved postconviction for sentence modification or resentencing based on allegations of inaccurate information, new factors, and ineffective assistance of counsel.
The circuit court denied postconviction relief after a Machner hearing, finding defense counsel’s strategic decisions reasonable, no inaccurate information, and no new factors warranting modification.
Butler appealed, maintaining his arguments on ineffective assistance, inaccurate sentencing information, and overlooked new factors (the text messages).

Issue	Butler's Argument	State's Argument	Held
Ineffective Assistance of Counsel	Counsel was deficient for not presenting full text messages to rebut State/family claims at sentencing.	Counsel made a reasonable strategic choice and text messages would not have helped Butler.	Defense counsel’s decision was strategic, reasonable, not deficient, and not prejudicial.
Inaccurate Information	Sentencing relied on misleading characterizations of grooming and impact on victim, contrary to reality.	Sentencing reflected facts; text messages don't negate grooming or legal inability to consent.	Court did not rely on materially inaccurate information; any factual dispute was addressed and not outcome-determinative.
New Factor	Text messages were highly relevant evidence overlooked at sentencing, warranting modification.	Text messages were referenced and discussed; known and not overlooked by all parties.	No new factor shown; the court and parties were aware of substance of texts, which would not have changed sentence outcome.

Strickland v. Washington, 466 U.S. 668 (1984) (establishes test for ineffective assistance of counsel)
State v. Tiepelman, 291 Wis. 2d 179 (2006) (defendant must show both inaccurate information and actual reliance at sentencing for resentencing)
State v. Harbor, 333 Wis. 2d 53 (2011) (defines "new factor" standard for sentence modification)
State v. Machner, 92 Wis. 2d 797 (Ct. App. 1979) (procedure for hearing claims of ineffective assistance of counsel)
State v. Breitzman, 378 Wis. 2d 431 (2017) (review and deference to trial counsel's strategic choices)