State v. Jeffrey A. Warbelton, 2009 WI 6, affirming 2008 WI App 42 For Warbelton: Paul G. LaZotte, SPD, Madison Appellate Issue/Holding: ¶21 …. The legislature has the authority to designate a prior conviction as a penalty enhancer rather than an element of the offense. Almendarez-Torres, 523 U.S. at 246. Although the legislature is permitted to designate a… Read more
E. Enhancers
State v. Thomas W. Koeppen, 2000 WI App 121, 237 Wis.2d 418, 614 N.W.2d 530 For Koeppen: Richard L. Zaffiro Issue: Whether the repeater-qualifying convictions were inadequately proved merely because they weren’t made part of the appellate record. Holding: “Even if the trial court did not include these documents in the appellate record, the documents’… 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. David M. Hahn, 2000 WI 118, 238 Wis. 2d 889, 618 N.W.2d 528, clarified on reconsideration, 2001 WI 6, on certification For Hahn: Steven G. Bauer Issue: “(W)hether the U.S. Constitution requires that an offender be permitted during an enhanced sentence proceeding predicated on a prior conviction to challenge the prior conviction as unconstitutional… Read more
State v. Todd E. Crider, 2000 WI App 84, 234 Wis. 2d 195, 610 N.W.2d 198 For Crider: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether jail time spent as a condition of probation qualifies as “actual confinement serving a criminal sentence,” so as to extend the § 939.62(2) 5-year period within which a prior conviction must… Read more
State v. David C. Liebnitz, 231 Wis.2d 272, 603 N.W.2d 208 (1999), on certification For Liebnitz: Rex R. Anderegg. Issue: Whether the defendant sufficiently admitted to an alleged repeater allegation so as to justify enhanced sentencing where, although he never disputed the allegation and in fact received the bargained-for sentence, he never distinctly admitted the… Read more
