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STATE v. SMET

No. 93-3132-CR.

186 Wis.2d 24 (1994)

519 N.W.2d 697

STATE of Wisconsin, Plaintiff-Respondent, v. Lyndon L. SMET, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 14, 1994.

Attorney(s) appearing for the Case

On behalf of defendant-appellant, the cause was submitted on the brief of Steven L. Miller of Green Bay.

On behalf of plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and William C. Wolford, assistant attorney general of Madison.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

Lyndon Smet, sentenced to three concurrent ten-year sentences in Brown County, to run consecutive to a sentence imposed in Manitowoc County, appeals an order denying his motion for post—conviction relief. Smet argues that the court erroneously accepted the Manitowoc offense as a "prior conviction" as designated in a sentencing guidelines scoresheet, thereby placing him in a higher recommended sentence range. He argues that this error was a "new...

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