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STATE v. HARVEY

No. 00-0541-CR.

254 Wis.2d 442 (2002)

2002 WI 93

647 N.W.2d 189

STATE of Wisconsin, Plaintiff-Respondent, v. Leonard J. HARVEY, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided July 9, 2002.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Margaret A. Maroney, assistant state public defender, and oral argument by Stephen P. Weiss, assistant state public defender.

For the plaintiff-respondent the cause was argued by Lara M. Herman, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.

¶ 1. DIANE S. SYKES, J.

This case presents a constitutional challenge to the jury instruction provision of Wisconsin's judicial notice statute, Wis. Stat. § 902.01(7) (1997-98),1 as applied to an element of a penalty enhancer in a criminal case.

¶ 2. The defendant, Leonard Harvey, was charged with possession of cocaine with intent to deliver, within 1,000 feet of Penn Park in the City of Madison. The base offense...

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