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STATE v. WARBELTON

No. 2007AP105-CR.

747 N.W.2d 717 (2008)

2008 WI App 42

STATE of Wisconsin, Plaintiff-Respondent, v. Jeffrey A. WARBELTON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed February 20, 2008.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Paul G. LaZotte, Assistant State Public Defender of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of David J. Becker, Assistant Attorney General, and J.B. Van Hollen, Attorney General.

Before BROWN, C.J., ANDERSON, P.J., and SNYDER, J.

¶ 1 ANDERSON, P.J.

Should a jury be allowed to hear evidence that a defendant has stipulated to having a previous conviction for a violent crime and should it be instructed to make a finding on that matter when the defendant is on trial for a charge of stalking, "while having a previous conviction for a violent crime" (as defined in WIS. STAT. § 939.632(1)(e)1. (2001-02))1 in violation of WIS. STAT. § 940.32(2) and (2m)...

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