State v. Davis

The defendant appeals from a final order denying his post-conviction motion under sec. 974.06(1), Stats., to amend his sentence. He also appeals from an order denying his request for sentence reconsideration. The sole issue on appeal is whether the sentencing court properly applied the habitual criminality penalty enhancement of five years, sec. 939.62(l)(c), Stats., to the maximum sentences permitted by law for *80two felony counts when concurrent sentences were ordered. We affirm.

Gordon Davis and an accomplice entered the home of an eighty-year old man (the victim). The victim was asleep in…