00-2608-CR State v. Splitt

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Roger H. Splitt appeals from the judgment of conviction entered against him, and from the order denying his motion for postconviction relief. He argues on appeal that he received ineffective assistance of trial counsel, that his right to a fair trial was violated by certain remarks made by the State during closing arguments, that Wis. Stat. sec. 948.025 (1999-2000) is unconstitutional, and that the prior offense used to establish that he was a repeat offender was under an Illinois statute which is not comparable to the Wisconsin statute, and therefore the sentence must be vacated. We conclude that Splitt did not receive ineffective assistance of counsel, that while the prosecutor’s closing remarks were offensive, they did not violate Splitt’s right to a fair trial, that the statute is constitutional, and that the repeat offender penalty enhancer was properly applied.

We, therefore, affirm the judgment and the order.

This opinion will not be published.

Dist II, Walworth County, Race, J., Per Curiam

Attorneys:

For Appellant: Donald T. Lang, Madison

For Respondent: Phillip A. Koss, Elkhorn; Sandra L. Nowack, Madison