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STATE v. WILKS

No. 90-1852-CR.

165 Wis.2d 102 (1991)

477 N.W.2d 632

STATE of Wisconsin, Plaintiff-Respondent, v. Rickie WILKS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 16, 1991.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Margaret M. Grossmeyer, of Menomonee Falls.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Paul E. Bucher, district attorney for Waukesha county and the supplemental brief of James E. Doyle, attorney general and James M. Freimuth, assistant attorney general.

Before Nettesheim, P.J., Brown and Anderson, JJ.

NETTESHEIM, P.J.

Rickie Wilks appeals from the repeater sentencing provisions of a judgment of conviction for party to the crime of retail theft pursuant to secs. 939.05 and 943.50(1m), Stats.

The issue on appeal is whether sec. 973.12(1), Stats., permits the trial court to amend the repeater provisions of a charging document to state a different date for the alleged repeater conviction after the defendant has pled to the charge. We conclude that the...

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