State v. Denter

This is an appeal from an order of the circuit court for Milwaukee county dismissing two counts of a criminal complaint against the defendants. This appeal was certified by the court of appeals and accepted by this court pursuant to sec. (Rule) 809.61, Stats. We reverse the order of the circuit court and remand the cause for further proceedings.

The issue presented on appeal is whether a Class A misdemeanor is converted to a felony when a defendant is charged with committing the crime while possessing, using, or threatening to use a dangerous weapon because sec. 939.63(1) (a) 1, Stats.,…