State v. Harris

Denia Harris appeals the sentence portion of a judgment of conviction for attempted armed robbery and from an order denying her motion to modify the sentence. Harris contends that the trial court erroneously applied sec. 939.62, Stats., which allows an increased penalty for habitual criminality, in imposing sentence. Because Harris’ sentence did not exceed the maximum penalty prescribed by law for her offense, we conclude that sec. 939.62 was not applied and we affirm.

On March 16, 1982, Harris was convicted of attempted robbery. The information charged that she was a “repeater” as defined in…