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STATE v. NICHOLSON

No. 90-1698-CR.

160 Wis.2d 803 (1991)

467 N.W.2d 139

STATE of Wisconsin, Plaintiff-Respondent v. David Lee NICHOLSON, Defendant-Appellant

Court of Appeals of Wisconsin.

Decided February 5, 1991.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Mark Lukoff, first assistant state public defender, by William J. Tyroler, assistant state public defender, of Milwaukee.

For the plaintiff-respondent the cause was submitted on the briefs of Donald J. Hanaway, attorney general, by Jerome S. Schmidt, assistant attorney general, of Madison.

Before Moser, P.J., Sullivan and Fine, JJ.

MOSER, P.J.

David Lee Nicholson (Nicholson) appeals from a judgment convicting him of armed robbery, in violation of sec. 943.32(1)(b), Stats., and felon in possession of a firearm, in violation of sec. 941.29(2), Stats. Both convictions were enhanced under the habitual criminality provision set forth in sec. 939.62, Stats. We affirm.

The information charged that on December 6, 1988, Nicholson robbed the Stadium Sports Stuff store located

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