Mikrut v. State

In the trial court, Charles A. Mikrut challenged the repeater portion of his sentences by a habeas corpus action. Relying on an amended judgment of conviction which recited his prior conviction as of the date of his plea of no contest instead of the date the judgment of conviction was entered, Mikrut contended that the prior conviction fell outside the five-year period set out in § 939.62(2), Stats. The trial court agreed and entered an order commuting Mikrut's sentences from eleven years to three years.

The State appeals, raising various procedural challenges and one substantive challenge to…