STATE v. WIMMER

No. 89-0648-CR.

152 Wis.2d 654 (1989)

449 N.W.2d 621

STATE of Wisconsin, Plaintiff-Respondent, v. David R. WIMMER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 17, 1989.


Attorney(s) appearing for the Case

For defendant-appellant there was a brief submitted by Steven P. Weiss, assistant state public defender of Madison.

For plaintiff-respondent there was a brief submitted by Lawrence J. Lasee, assistant district attorney of Green Bay.

Before Cane, P.J., LaRocque and Myse, JJ.


CANE, P.J.

David Wimmer appeals a judgment of conviction finding him to be a repeat offender under sec. 939.62, Stats., for the purpose of sentencing on a misdemeanor battery charge.1 Wimmer argues that in two of the underlying convictions upon which the court relied, he had merely pled guilty and had not been sentenced. Sentencing and the entry of a judgment of conviction, as he sees it, are a precondition to being "convicted." The trial...

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