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STATE v. THERIAULT

No. 93-3443-CR.

187 Wis.2d 125 (1994)

522 N.W.2d 254

STATE of Wisconsin, Plaintiff-Respondent, v. Jeffrey Lee THERIAULT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 17, 1994.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Jack E. Schairer, assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general and Mary V. Bowman, assistant attorney general.

Before Anderson, P.J., Brown and Nettesheim, JJ.

ANDERSON, P.J.

This case against requires us to consider the obligation on the State when it alleges that a defendant is a habitual criminal. We conclude that when the State is put on notice that a defendant does not admit to the habitual criminality allegation, it must provide proof beyond a reasonable doubt of the defendant's repeater status. We also hold that the notation of a judgment of dismissal on the judgment of convictions fulfills the elementary requirement...

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