State v. Zimmerman

Gary Zimmerman appeals from the habitual criminality (repeater) sentencing provision of a judgment of conviction for armed robbery and from an order denying his motion for postconviction relief. Zimmerman contends that the repeater portion of his sentence was not authorized by law because the State failed to provide sufficient proof that the prior conviction was within five years of the present offense as required by § 939.62(2), STATS., and he did not admit the repeater allegation. We agree; therefore, we reverse the repeater provision of the sentence and commute the sentence to the maximum…