State v. Martin

HEFFERNAN, CHIEF JUSTICE.

These cases, on review of separate decisions of the court of appeals, have been consolidated and raise the single issue whether a criminal charging document can be amended to assert a repeater allegation under sec. 973.12(1), Stats., after a defendant has pleaded not guilty to the underlying charges at arraignment.1 In each case the court of appeals held that the repeater amendment could not be made after the entry of a not guilty plea.2 We agree that the repeater amendments were untimely and affirm both decisions.

The material facts and procedural history of each case…