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STATE v. PRICE

No. 99-0746-CR.

231 Wis.2d 229 (1999)

604 N.W.2d 898

STATE of Wisconsin, Plaintiff-Respondent, v. Tyrone PRICE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 27, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James L. Fullin, assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Pamela Magee, assistant attorney general, and the brief of Christine A. Gabron, assistant district attorney, Kenosha County.

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

¶ 1. NETTESHEIM, J.

Wisconsin's habitual criminality statute, § 939.62(1), STATS., permits an enhanced sentence if the offender was convicted of a felony or three misdemeanors during the five-year period immediately preceding the commission of the crime for which the offender is presently being sentenced. At subsec. (2), the statute states, "In computing the preceding 5-year period, time which the actor spent in actual confinement serving a criminal sentence...

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