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ELIAS v. STATE

No. 77-390-CR.

93 Wis.2d 278 (1980)

286 N.W.2d 559

ELIAS, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided January 8, 1980.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the briefs of Howard B. Eisenberg, state public defender, and Jack E. Schairer, assistant state public defender.

For the defendant in error the cause was submitted on the brief of Bronson C. La Follette, attorney general, and John M. Schmolesky, assistant attorney general.

CONNOR T. HANSEN, J.

The record reflects that on November 30, 1976, Kirk D. Elias (hereinafter defendant) was arraigned on an information charging him with two counts of delivery of a controlled substance, percodan. The information also alleged that the defendant was a repeater as prescribed by sec. 939.62(1)(c), Stats., Increased penalty for habitual criminality. On the same date the defendant was also arraigned on two other informations charging (1) possession of...

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