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STATE v. BLOCK

No. 97-3265-CR.

222 Wis.2d 586 (1998)

587 N.W.2d 914

STATE of Wisconsin, Plaintiff-Respondent, v. Damone J. BLOCK, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 28, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James M. Weber of Brookfield.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Sally L. Wellman, assistant attorney general.

Before Brown, Nettesheim and Anderson, JJ.

BROWN, J.

Damone J. Block appeals from a judgment of conviction as a persistent repeater for assault by a prisoner. First, he challenges the constitutionality of the persistent repeater statute, § 939.62(2m)(b), STATS., also known as the "three strikes" law, on equal protection grounds.1 Block claims that the legislature's classification of some crimes as "serious" for purposes of the statute is arbitrary and has no rational basis...

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