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5. Proof

Enhancer – Proof – CCAP Entries

State v. Jamale A. Bonds, 2006 WI 83, reversing unpublished decision For Bonds: Jeremy C. Perri, Diana M. Felsmann, SPD, Milwaukee Appellate Issue: Whether CCAP entries can satisfy the State’s burden of proving a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

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State v. Brandon J. Matke, 2005 WI App 4, PFR filed 1/6/05 For Matke: James B. Connell Issue/Holding: ¶16. Matke also contends that the trial court’s interpretation of Wis. Stat. § 346.65(2), which is now ours as well, violates due process because it permits the court to sentence him for a sixth OMVWI without requiring the State to… Read more

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State v. Patrick A. Saunders, 2002 WI 107, reconsideration denied, 2002 WI 119, reversing unpublished opinion For Saunders: Beth Ermatinger Hanan Issue: Whether an uncertified copy of the prior judgment of conviction may serve as part of the proof requirement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

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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

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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

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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

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