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STATE v. HARRIS

No. 82-1889-CR.

114 Wis.2d 570 (1983)

STATE of Wisconsin, Plaintiff-Respondent, v. Denia HARRIS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 23, 1983.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Jack E. Schairer, assistant state public defender.

For the respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Jerome S. Schmidt, assistant attorney general.

Before Foley, P.J., Dean and Cane, JJ.

CANE, J.

Denia Harris appeals the sentence portion of a judgment of conviction for attempted armed robbery and from an order denying her motion to modify the sentence. Harris contends that the trial court erroneously applied sec. 939.62, Stats., which allows an increased penalty for habitual criminality, in imposing sentence. Because Harris' sentence did not exceed the maximum penalty prescribed by law for her offense, we conclude that sec. 939.62 was not applied...

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