STATE v. BENOIT

No. 98-1531-CR.

229 Wis.2d 630 (1999)

600 N.W.2d 193

STATE of Wisconsin, Plaintiff-Respondent, v. Charles J. BENOIT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 28, 1999.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Meredith J. Ross, clinical associate professor, Frank J. Remington Center of Madison.

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

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


SNYDER, P.J.

Charles J. Benoit appeals from judgments convicting him of party to a burglary as a habitual offender in violation of §§ 943.10(1), 939.05 and 939.62, STATS., and bail jumping contrary to § 946.49(1)(b), STATS. Benoit raises two issues. First, he claims that by stipulating to an element of burglary he was denied his right to a jury trial on the element. Because we conclude that the constitutional protections

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