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STATE v. RACHWAL

No. 89-1198-CR.

159 Wis.2d 494 (1991)

465 N.W.2d 490

STATE of Wisconsin, Plaintiff-Respondent-Cross Petitioner, v. Sterling RACHWAL, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided January 23, 1991.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs and oral argument by Steven D. Phillips, assistant state public defender.

For the plaintiff-respondent-cross petitioner the cause was argued by David J. Becker, assistant attorney general, with whom on the briefs was Donald J. Hanaway, attorney general.

STEINMETZ, J.

There are two issues in this case. The first issue is whether a plea of no contest to a charge in a criminal complaint embodying a sec. 973.12(1), Stats., "repeater provision" alleging a prior conviction constitutes an admission by the defendant under the statute of such prior conviction for purposes of sentence enhancement pursuant to sec. 939.62. The circuit court for Outagamie county, Joseph M. Troy, Judge...

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