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STATE v. YOUNG

No. 93-0387-CR.

180 Wis.2d 700 (1993)

511 N.W.2d 309

STATE of Wisconsin, Plaintiff-Respondent, v. Jay YOUNG, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 7, 1993.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Michael J. Steinle of Law Office of Michael J. Steinle of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of James E. Doyle, attorney general, and Marguerite M. Moeller, assistant attorney general.

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

FINE, J.

This appeal of a non-final order presents a question of first impression: namely, whether a prosecutor may prevent a trial court from imposing the sentences authorized by section 161.48, Stats., by the simple expedient of not charging the defendant as a repeater under that statute. As did the trial court, we conclude that the prosecutor may not.1

The facts essential to this appeal are not in dispute. On August 18, 1992...

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