Criminal Procedure — invited error doctrine

By: WISCONSIN LAW JOURNAL STAFF//July 29, 2014//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — invited error doctrine

Larry London appeals a judgment convicting him of burglary and attempted armed robbery with use of force, both as a repeat offender. He also appeals an order denying his motion to vacate the portion of the sentences that are based on the repeater enhancer. He contends the sentences should be commuted under Wis. Stat. § 973.13 (2011-12) because the charging documents did not identify the specific offense that was the basis for the repeater enhancer, and the State failed to prove that London committed a felony within the previous five years excluding the time he spent in confinement. We conclude the invited error doctrine precludes London from seeking relief under § 973.13. This opinion will not be published.

2013AP1614-CR State v. London

Dist III, Marathon County, Huber, J., Per Curiam

Attorneys: For Appellant: O’Connell, Timothy T., Green Bay; For Respondent: Heimerman, Kenneth J., Wausau; Moeller, Marguerite M., Madison

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