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State Wisconsin v. Sterling Rachwal

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eBook details

  • Title: State Wisconsin v. Sterling Rachwal
  • Author : Supreme Court of Wisconsin
  • Release Date : January 23, 1991
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

There are two issues in this case. The first issue is whether a plea of no contest to a charge in a criminal complaint embodying
a sec. 973.12(1), Stats., "repeater provision" alleging a prior conviction constitutes an admission by the defendant under
the statute of such prior conviction for purposes of sentence enhancement pursuant to sec. 939.62. The circuit court for Outagamie
county, Joseph M. Troy, Judge, ruled that such a plea does constitute such an admission. The second issue is whether, when two criminal actions are joined on motion of the defendant, does the admission of the repeater
status alleged in one charge apply also as an admission with respect to the same repeater status alleged in the other charge.
The trial court answered in the affirmative. The court of appeals, in an unpublished opinion, reversed and remanded the case
for resentencing on the conviction on the charge originating in Outagamie county. We reverse the court of appeals.


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