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STATE v. MILES

No. 97-1364-CR.

221 Wis.2d 56 (1998)

584 N.W.2d 703

STATE of Wisconsin, Plaintiff-Respondent, v. Frank MILES, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 21, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Craig W. Albee of Shellow, Shellow & Glynn, S.C., of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and David J. Becker, assistant attorney general.

Before Fine, Schudson and Curley, JJ.

CURLEY, J.

Frank Miles appeals from a judgment convicting him of felony possession of tetrahydrocannabinols (THC), a controlled substance, contrary to §§ 161.14(4)(t), 161.01(14), 161.41(3r) and 161.48(2), STATS., 1993-94. The issue on appeal is whether a prior drug conviction is an element of the offense of felony possession of THC, pursuant to §§ 161.41(3r)1 and 161.48(2),2 that must be...

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