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STATE v. CARPENTER

No. 92-2435.

179 Wis.2d 838 (1993)

508 N.W.2d 69

STATE of Wisconsin, Plaintiff-Respondent, v. Frederick D. CARPENTER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 28, 1993.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Kate Kruse Livermore and Randall J.R. Pirlot of The Legal Assistance to Institutionalized Persons Program of Madison.

For the plaintiff-respondent the cause was submitted on the brief of Darwin L. Zwieg, district attorney, of Neillsville.

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

DYKMAN, J.

Frederick Carpenter appeals from an order and an amended judgment finding him in contempt of court under sec. 785.01(1)(b), Stats., and sentencing him to two years in prison. The issue on appeal is whether a punitive sanction imposed pursuant to sec. 785.04(2)(a), Stats.,1 may be enhanced under sec. 939.62, Stats.,2 the habitual criminality statute.

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