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STATE v. MCKENZIE

No. 89-0013.

151 Wis.2d 775 (1989)

446 N.W.2d 77

STATE of Wisconsin, Plaintiff-Respondent, v. Britton D. McKENZIE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 26, 1989.

Attorney(s) appearing for the Case

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

For the plaintiff-respondent the cause was submitted on the brief of Judy Schwaemle, assistant district attorney.

Before Gartzke, P.J., Dykman and Eich, JJ.

DYKMAN, J.

Britton McKenzie appeals from a judgment of conviction and from a circuit court order denying his motion for postconviction relief. The issue is whether sec. 939.62, Stats.,1 providing increased penalties for habitual criminality, violates the equal protection clause of the fourteenth amendment to the United States Constitution. Because the statutory scheme of sec. 939.62 is rational...

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