State v. Moline

By this decision, we hold that a prior conviction for possessing drug paraphernalia pursuant to § 961.573, Stats., qualifies as a prior offense under the repeat drug offender statute, § 961.48(3), Stats.

The pertinent facts are brief. The State charged Dawn C. Moline, with one count of possessing cocaine, contrary, to § 961.41(3g)(c), Stats. The complaint also alleged that Moline was a repeat drug offender and was therefore subject to enhanced penalties. In support, the State alleged that Moline was convicted of unlawfully possessing drug paraphernalia on a prior occasion. Moline moved to…