Harms v. State

The defendant raises several issues. One is, that for purposes of appeal, a crime, which is clearly defined by statute as a misdemeanor, somehow changes its status when the provisions of the repeater statute are invoked by the trial court at the time of sentencing.

In Pruitt v. State (1962), 16 Wis. 2d 169, 172, 114 N. W. 2d 148, this court considered the nature of misdemeanors and felonies under sec. 939.60, Stats., and concluded that the distinction is on the basis of punish-ability for the crime and not necessarily on the basis of where the actual confinement is served.

“. . . The definition…