E. Enhancers

State v. Ronnie L. Thums, 2006 WI App 173 For Thums: Paul G. LaZotte, SPD, Madison Appellate Issue: Whether an offense which was partially committed during the TIS-I regime but not completed until advent of TIS-II comes under the former or latter sentencing regime. Holding: ¶11      Thums had not committed the crime of stalking with a… Read more

State v. Jamale A. Bonds, 2006 WI 83, reversing unpublished decision For Bonds: Jeremy C. Perri, Diana M. Felsmann, SPD, Milwaukee Appellate Issue: Whether CCAP entries can satisfy the State’s burden of proving a repeater allegation. Holding: Although the rules of evidence do not apply to proof of a repeater and a prior conviction need not be proved… Read more

State v. Jamale A. Bonds, 2006 WI 83, reversing unpublished decision For Bonds: Jeremy C. Perri, Diana M. Felsmann, SPD, Milwaukee Appellate Issue: Whether post-plea amendment of the repeater allegation to change its basis prejudiced the defendant hence was improper. Holding: ¶31      It is the State’s burden to prove that Bonds was not prejudiced and Wis. Stat… Read more

State v. Jamale A. Bonds, 2006 WI 83, reversing unpublished decision For Bonds: Jeremy C. Perri, Diana M. Felsmann, SPD, Milwaukee Appellate Issue/Holding: ¶30      When considered together, this precedent establishes the following principles: (1) The purpose of the allegations of repeater status in a charging document is to provide the defendant with sufficient notice of the… Read more

State v. Joseph J. Hammill, 2006 WI App 128. For Hammill: Patrick J. Stangl Issue/Holding: ¶15      Hammill argues the circuit court erred by counting a Village of Cameron conviction. Hammill was arrested in that case for OWI-first on January 1, 1991. On January 28, Hammill was arrested for OWI in Eau Claire, which was also charged as a… Read more

State v. Joseph J. Hammill, 2006 WI App 128 For Hammill: Patrick J. Stangl Issue/Holding: ¶6        A defendant may collaterally attack a prior conviction in an enhanced sentence proceeding only on the ground that the defendant was denied the constitutional right to counsel. … ¶7        Hammill argues that he made a prima facie showing that he… Read more

State v. Keith S. Krause, 2006 WI App 43 For Krause: Roger G. Merry Issue/Holding: Because collateral attack on a prior conviction used as a sentencing enhancer is limited to denial of counsel, and because the right to counsel does not attach to a civil proceeding, a refusal revocation is not subject to collateral attack on… Read more