State v. Wilks

Rickie Wilks appeals from the repeater sentencing provisions of a judgment of conviction for party to the crime of retail theft pursuant to secs. 939.05 and 943.50(lm), Stats.

The issue on appeal is whether sec. 973.12(1), Stats., permits the trial court to amend the repeater provisions of a charging document to state a different date for the alleged repeater conviction after the defendant has pled to the charge. We conclude that the Wisconsin Supreme Court's decision in State v. Martin/State v. Robles, 162 Wis. 2d 883, 470 N.W.2d 900 (1991), precludes such an amendment. Therefore, we reverse…