State v. Thomas A. Drexler, 2003 WI App 169, PFR filed 8/1/03 For Drexler: Ralph A. Kalal Issue/Holding: In support of a collateral attack on a prior OWI conviction used to enhance a current OWI prosecution, Drexler submitted an affidavit asserting that the trial court had not advised him of his right to counsel: although this was… Read more
E. Enhancers
State v. Paul R. Maxey, 2003 WI App 94 For Maxey: Douglas I. Henderson Issue/Holding: A sentence may be enhanced by both the general repeater provision of § 939.62(1)(b) (1999-2000) and § the specific repeat drug offender provision of § 961.48(2) (1999-2000), given the rationale of State v. Richard W. Delaney, 2003 WI 9: ¶14. In summary… Read more
State v. Robert C. Deilke, 2004 WI 104, reversing 2003 WI App 151, 266 Wis. 2d 274, 667 N.W.2d 867 For Deilke: Kelly J. McKnight Issue: Whether a defendant’s successful challenge to a prior plea-bargain based conviction that is being used as an enhancer in a current proceeding amounts to a breach of that prior… Read more
State v. Patrick A. Saunders, 2002 WI 107, reconsideration denied, 2002 WI 119, reversing unpublished opinion For Saunders: Beth Ermatinger Hanan Issue: Whether an uncertified copy of the prior judgment of conviction may serve as part of the proof requirement of a repeater allegation that is not personally admitted by the defendant. Holding: In the absence of the defendant’s… Read more
State v. James O. Edwards, 2002 WI App 66, PFR filed 2/18/02 For Edwards: Glenn C. Cushing, SPD, Madison Appellate Issue: Whether failure to object to exhibits (uncertified copy of judgment of conviction; DOC fax indicating prior periods of confinement) waived an argument that the state failed to prove Edwards’ repeater status. Holding: Failure to object to… Read more
State v. Razzie Watson, Sr., 2002 WI App 247 For Watson: Dennis Schertz Issue/Holding: A guilty plea suffices to establish a qualifying repeater-enhancement, even though the judgment of conviction on that plea isn’t entered until after commission of the offense being enhanced. ¶¶9-14… Read more
State v. Razzie Watson, Sr., 2002 WI App 247 For Watson: Dennis Schertz Issue/Holding: ¶5 An admission from a defendant stating, “I am a repeater,” without more, is insufficient to constitute an admission of a prior conviction under WIS. STAT. §973.12(1). As the circuit court indicated in its colloquy, “repeater” and “habitual offender” are legal… Read more
State v. Joseph F. Volk, 2002 WI App 274 For Volk: Charles B. Vetzner, SPD, Madison App Issue: Whether the extended supervision portion of truth-in-sentencing, § 973.01, supports repeater enhancement, § 939.62(1)(b). Holding: Because specifies that “confinement” may be enhanced, applying the principle that specification works an exclusion of non-enumerated items, the extended supervision portion of a sentence is… Read more
