State v. Gerard

HEFFERNAN, CHIEF JUSTICE.

This review of a published decision of the court of appeals, 1 raises a single issue: whether a criminal information which asserts a repeater allegation under sec. 973.12(1), Stats., 2 can be amended, after the defendant has pleaded to the charges, to correct the number of years by which the sentence would be enhanced. The circuit court denied Gerard's request to strike the incorrect penalty enhancement 3 allegation and granted the state's request to amend. The court of appeals reversed that portion of the judgment which imposed an enhanced sentence on the obstructing…