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Enhanced Penalties – Proof: Admission — Sufficiency Under § 973.12(1).

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 repeater allegation.

Holding: Because the complaint and information both set forth the details of the repeater allegation along with the enhanced penalty; the judge at the initial appearance read the charges and penalties to the defendant; and the defendant’s no contest plea acknowledged that the complaint established a factual basis for the plea, the record supports an admission to the repeater allegation, notwithstanding the absence of an express admission at the plea colloquy.

 

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