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STATE v. JAMES

No. 91-0135-CR.

169 Wis.2d 490 (1992)

485 N.W.2d 436

STATE of Wisconsin,. Plaintiff-Respondent, v. Greg JAMES, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 14, 1992.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Jack E. Schairer, assistant state public defender, and Keith A. Findley, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general, with Christopher G. Wren, assistant attorney general.

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

GARTZKE, P.J.

Greg James appeals from a judgment convicting him of felon in possession of a firearm, contrary to sec. 941.29, Stats., and from an order denying postconviction relief. The substantive issue is whether the constitutional prohibition against double jeopardy prevents the use of a prior felony conviction to prove the charge of felon in possession and to prove that the defendant is a repeater for sentence enhancement purposes under sec. 939.62, Stats.

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