State v. Charles J. Burroughs, 2002 WI App 18 For Burroughs: William F. Mross Issue/Holding: Burroughs’ prior conviction in Alabama for assault with intent to murder is sufficiently comparable to attempted first degree intentional homicide so as to support exposure to persistent offender sentencing, § 939.62(2m)(c). ¶¶23-27. … Read more
3. Particular statutes
State v. Paul Delao Quiroz, 2002 WI App 52 For Quiroz: Chad G. Kerkman Issue: Whether the maximum penalty for first-degree reckless endangerment of safety, enhanced by while armed and gang-related provisions, was 13 or 14 years. Holding: ¶13 … [State v. Pernell, 165 Wis. 2d 651, 656, 478 N.W.2d 297 (Ct. App. 1991)] establishes that… Read more
Enhancer — § 939.62(2m)(d), Persistent Offender — Life Without Parole — Cruel and Unusual Punishment
State v. David M. Hahn, 2000 WI 118, 238 Wis. 2d 889, 618 N.W.2d 528, on certification; clarified on reconsideration, on a different point, 2001 WI 6 For Hahn: Steven G. Bauer Issue: “(W)hether the persistent repeater penalty enhancer as applied to the defendant violates the Eighth Amendment to the U.S. Constitution prohibiting cruel and unusual… Read more
State v. Calvin E. Gibson, 2000 WI App 207, 238 Wis.2d 547, 618 N.W.2d 248 For Gibson: Margaret A. Maroney, SPD, Madison Appellate Issue/Holding: ¶1. The question presented is whether the habitual criminality enhancer may be applied to a conviction for a second offense felony of firearm possession. Calvin E. Gibson, who was convicted of… Read more
State v. John W. Page, 2000 WI App 267, 240 Wis.2d 276, 622 N.W.2d 285 For Page: William E. Schmaal, SPD, Madison Appellate Issue: Whether possession of dangerous weapon enhancer, § 939.63, requires actual use or threat to use the weapon while committing the enhanced offense. Holding: Under the correct reading of [State v.] Peete [,185 Wis. 2d… Read more
State v. Dawn C. Moline, 229 Wis. 2d 38, 598 N.W.2d 929 (Ct. App. 1999) For Moline: Patrick M. Donnelly, SPD, Madison Appellate. Issue/Holding: By this decision, we hold that a prior conviction for possessing drug paraphernalia pursuant to § 961.573, STATS., qualifies as a prior offense under the repeat drug offender statute, § 961.48(3), STATS. …… Read more
State v. Frank Miles, 221 Wis. 2d 56, 584 N.W.2d 703 (Ct. App. 1998) For Miles: Craig W. Albee Issue/Holding: Prior drug conviction is not element of crime of second or subsequent drug offense, § 161.48(2) (1993-94), which elevates what would otherwise be misdemeanor to felony possession: Miles fails to recognize the distinction between the two… Read more
Debra L. Van Riper, 222 Wis. 2d 197, 586 N.W.2d 198 (Ct. App. 1998) For Van Riper: Megan L. DeVore Issue/Holding: Because day care centers provide recreational and social services activities for children, they are a subset of “youth centers” and come within the definition of places listed in § 961.49(2), Stats. The protection of… Read more
