State v. Upchurch

This matter comes before us on a petition to bypass the court of appeals filed by the petitioner Thurman Upchurch, Jr., pursuant to the terms of sec. 809.60, Stats. The petition was granted on January 19,1981.

This case involves a question of the validity of the judgment and sentence entered against the defendant after his conviction as a repeat offender for possession of a controlled substance with intent to deliver in violation of secs. 161.14(4) (k) and 161.41 (lm) (b), Stats.

On August 29, 1979, the defendant was charged with the crime noted above. He was on parole at the time he committed…