State v. Rogelio Guarnero

¶ 1. We review a decision of the court of appeals1 that affirmed the circuit court's2 conclusion that Rogelio Guarnero's prior federal RICO3 conspiracy conviction served as a prior conviction under Wis. Stat. § 961.41(3g)(c) (2011-12)4 and therefore enhanced the penalty for his Wisconsin cocaine possession conviction. Under § 961.41(3g)(c), a court concludes that cocaine possession is a second offense when a statute under which the defendant previously was convicted relates to controlled substances. The circuit court considered the language of the RICO conspiracy statute and Guarnero's RICO…