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01-1177 State v. Fields

By: dmc-admin//November 19, 2001//

01-1177 State v. Fields

By: dmc-admin//November 19, 2001//

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“In this case, we agree with Fields that the information filed on October 2 was woefully inadequate and failed to technically comply with the pleading requirements of Wis. Stat. § 973.12(1) as interpreted by the Gerard court. The information, by itself, failed to identify the date and nature of the offense that served as the basis of the repeater allegation. In our view, however, the defective information was cured by the State’s submission of a certified copy of the prior convictions at the change of plea hearing. We view this proof of the convictions as a tacit amendment to the information which, taken together with the general allegation in the information, provided Fields with proper notice of all of the elements of the prior convictions, including the date and nature of the prior offenses and potential enhanced penalty he would face if convicted of the charged crime.”

Judgment affirmed.

Recommended for publication in the official reports.

Dist II, Ozaukee County, Swietlik, J., Brown, J.

Attorneys:

For Appellant: Martha K. Askins, Madison

For Respondent: Jeffrey A. Sisley, Port Washington, Susan M. Crawford, Madison

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