State v. Mikulance

¶ 1. In this appeal from orders dismissing his most recent postconviction motion, Thomas A. Mikulance wrongly attempts to use Wxs. Stat. § 973.13 (2003-04) 1 as a vehicle to make an end-run around the procedural bar to successive postconviction motions articulated in Wis. Stat. § 974.06(4) and State v. Escalona-Naranjo, 185 Wis. 2d 168, 185, 517 N.W.2d 157 (1994). Section 973.13, as it pertains to sentencing a repeat offender, applies only where the defendant files a motion alleging that the State has failed to prove the prior conviction necessary to sustain the habitual criminal status (by…