State v. McKenzie

Britton McKenzie appeals from a judgment of conviction and from a circuit court order denying his motion for postconviction relief. The issue is whether sec. 939.62, Stats., 1 providing increased penal ties for habitual criminality, violates the equal protection clause of the fourteenth amendment to the United States Constitution. Because the statutory scheme of sec. 939.62 is rational, we affirm.

McKenzie was charged with lewd and lascivious behavior under sec. 944.20(2), Stats., and with obstructing an officer under sec. 946.41, Stats. Both offenses are Class A misdemeanors. McKenzie was…