Legal Opinion
State v. Young
Court of Appeals of Wisconsin
Decided December 7, 1993No. 93-0387-CRPublishedCited by 14 opinions
1Opinion of the CourtFine, J.
This appeal of a non-final order presents a question of first impression: namely, whether a prosecutor may prevent a trial court from imposing the sentences authorized by section 161,48, Stats., by the simple expedient of not charging the defendant as a repeater under that statute. As did the trial court, we conclude that the prosecutor may not.
The facts essential to this appeal are not in dispute. On August 18,1992, Jay D. Young was charged in a two-count Information. The first count charged Young with possession of cocaine with intent to deliver, as party to a crime. See secs.…
2Cases cited6 opinions
- State v. MartinWisconsin Supreme Court · 1991
- State v. McQuayWisconsin Supreme Court · 1990
- Grant v. StateWisconsin Supreme Court · 1976
- David J. Wilson v. Gary McCaughtryCourt of Appeals for the Seventh Circuit · 1993
- Grant v. State of WisconsinDistrict Court, E.D. Wisconsin · 1978
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Logterman v. DASWSONCourt of Appeals of Wisconsin · 1994
- Cavey v. WalrathCourt of Appeals of Wisconsin · 1999
- South Milwaukee Savings Bank v. BarczakCourt of Appeals of Wisconsin · 1999
- General Casualty Co. v. Department of RevenueCourt of Appeals of Wisconsin · 2002
- Antisdel v. CITY OF OAK CREEK POLICE & FIRECourt of Appeals of Wisconsin · 1999
9 more not listed; retrieve them via the Exa API.