STATE v. MARTIN

Nos. 89-1459-CR, 89-1769-CR.

162 Wis.2d 883 (1991)

470 N.W.2d 900

STATE of Wisconsin, Plaintiff-Respondent-Cross Petitioner, v. Stanley E. MARTIN, Jr., Defendant-Appellant. STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Jose L. ROBLES, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided June 24, 1991.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner and cross-petitioner the cause was argued by James M. Freimuth, assistant attorney general, with whom on the briefs was Donald J. Hanaway, attorney general.

For the defendants-appellants there was a consolidated brief by Marla J. Stephens, assistant state public defender and Mark Lukoff, first assistant state public defender and oral argument by Marla J. Stephens.


HEFFERNAN, CHIEF JUSTICE.

These cases, on review of separate decisions of the court of appeals, have been consolidated and raise the single issue whether a criminal charging document can be amended to assert a repeater allegation under sec. 973.12(1), Stats., after a defendant has pleaded not guilty to the underlying charges at arraignment.1 In each case the court of appeals held that the repeater amendment could not be made after the...

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