00-3245 State v. Jackson

By: dmc-admin//June 25, 2001//

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Dwayne O. Jackson appeals his sentence after pleading no contest to a charge of sexual intercourse with a child over the age of 16 as a repeater. Jackson brought a motion to withdraw the plea on the ground that the repeater enhancement was invalid. Jackson observed that the repeater used by the State was a conviction which was on appeal at the time of the plea. He reasoned that the whole conviction was void as a matter of law because a conviction with an included repeater cannot be used until the appeal for that conviction is complete. The trial court rejected the theory and we affirm. This opinion will not be published.

Dist II, Winnebago County, Key, J., Brown, P.J.

Attorneys:

For Appellant: Jane K. Smith, Oconto Falls

For Respondent: Joseph F. Paulus, Oshkosh; Stephanie A. Stauber, Oshkosh; Susan M. Crawford, Madison

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