01-0612 State v. Edwards

By: dmc-admin//December 26, 2001//

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In State v. Flowers, 221 Wis.2d 20 (Ct. App. 1998), “the State failed to offer any evidence to prove that the defendant’s prior conviction fell within the five-year time limit of Wis. Stat. § 939.62. Thus, the State failed to “prove” that the requirements of § 939.62 and Wis. Stat. § 973.12 were satisfied. In this case, however, the State offered evidence that, on its face, proved both the existence of a prior conviction, and that the prior conviction occurred within the period required by § 939.62. If Edwards believed the evidence was inadmissible, he was required to object when the evidence was admitted.’

Judgment affirmed.

Recommended for publication in the official reports.

Dist IV, Jefferson County, Ullsvik, J.; Dykman, J.

Attorneys:

For Appellant: Glenn L. Cushing, Madison

For Respondent: Jeffrey J. Kassel, Madison; David J. Wambach, Jefferson

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