By: WISCONSIN LAW JOURNAL STAFF//October 15, 2014//
Wisconsin Court of Appeals
Criminal
Sentencing — three strikes law
Elijah Brooks appeals an order denying his Wis. Stat. § 974.06 postconviction motion without a hearing. In the motion, Brooks argued: (1) the judgment should be vacated because the court erroneously imposed a life sentence without the possibility of parole in reliance on Wisconsin’s “two strikes” penalty enhancer when Brooks was charged under the “three strikes” law; (2) Brooks is entitled to a new trial based on numerous evidentiary errors; and (3) he is entitled to a new trial based on ineffective assistance of trial counsel. Because we conclude the first issue is meritless and the second and third issues are procedurally barred, we affirm the order. This opinion will not be published.
Dist III, Brown County, Hammer, J., Per Curiam
Attorneys: For Appellant: Brooks, Elijah S., pro se; For Respondent: Tarver, Sandra L., Madison; Lasee, David L., Green Bay