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4. Pleading

State v. Terrance Lavone Egerson, 2016AP1045-CR, District 1, 2/27/18 (not recommended for publication); case activity (including briefs) Egerson moved to withdraw his pleas, alleging his trial lawyer was ineffective for failing to challenge the domestic abuse repeater enhancers appended to the charges Egerson faced. According to Egerson, those enhancers never applied, so he was overcharged and… Read More

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State v. Gavin S. Hill, 2016 WI App 29; case activity (including briefs) The court of appeals holds that the standards for alleging and applying the ordinary repeater enhancer under § 939.62 also govern the domestic abuse repeater enhancer under § 939.621. Thus, the state must either prove that the defendant was convicted of the required predicate… Read More

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Enhancer – Pleading – Post-Plea Amendment

State v. Jamale A. Bonds, 2006 WI 83, reversing unpublished decision For Bonds: Jeremy C. Perri, Diana M. Felsmann, SPD, Milwaukee Appellate Issue: Whether post-plea amendment of the repeater allegation to change its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

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Enhancer – Pleading – Generally

State v. Jamale A. Bonds, 2006 WI 83, reversing unpublished decision For Bonds: Jeremy C. Perri, Diana M. Felsmann, SPD, Milwaukee Appellate Issue/Holding: ¶30      When considered together, this precedent establishes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

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State v. Robert J. Stynes, 2003 WI 65, reversing unpublished opinion For Stynes: Patrick M. Donnelly, SPD, Madison Appellate Issue: Whether the complaint’s misstatement (by one day) of the date of prior convictions in support of a repeater allegation deprived Stynes of adequate notice, contrary to § 973.12(1) and due process. Holding: ¶2. We conclude that the complaint… Read More

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State v. Joel O. Peterson, 2001 WI App 220, PFR filed 9/21/01 For Peterson: William E. Schmaal Issue: Whether the charge may be amended to include a repeater allegation, otherwise untimely under § 973.12(1), if accomplished as part of a plea bargain. Holding: ¶24 … (A)llowing a defendant to agree to amend an information to add repeater allegations… Read More

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State v. John J. Thoms, 228 Wis. 2d 868, 599 N.W.2d 84 (Ct. App. 1999) For Thoms: Steven L. Miller Issue/Holding: The court reverses a persistent repeater sentence, § 939.62(2m). Thoms was originally charged in the complaint with the standard 10-year sentence enhancement, § 939.62(1)(c)&(2), based on a prior felony theft conviction. However, the information changed the… Read More

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