01-0612 State v. Edwards

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“We also recognize, however, that there is a significant liberty interest at risk with respect to repeater sentence enhancements and that it is important that enhanced penalties be based on prior convictions that actually exist….. We therefore limit our holding that objection to the admissibility of evidence proving a prior conviction can be waived to instances where the State submits a document that, on its face, is sufficient to prove that the defendant was a repeater. In this way, we both safeguard the interest in accuracy and diminish the incentive for a defendant to withhold objections to inadmissible evidence. This is also consistent with Flowers’ statement that ‘proof of a prior felony conviction or a criminal defendant’s admission of the prior conviction is essential if the State seeks additional punishment under sec. 939.62, Stats.’… A faxed uncertified copy of a judgment of conviction and a faxed document from DOC providing the dates the defendant was incarcerated passes the sufficient on its face test. Edwards therefore waived his right to object to the admission of these documents on appeal.”

Judgment and order 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