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Enhanced Penalties — Proof: Prior Need Not Be Part of Appellate Record

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’ existence at the time of sentencing is not negated because, as the appellant, Koeppen had the duty to ensure the completeness of the appellate record. … In such situations, we must assume that the missing material; supports the trial court’s ruling.” ¶37.

 

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