00-1718-CR State v. Leitner

By: dmc-admin//July 1, 2002//

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When defendant was sentenced following a plea to hit and run causing great bodily harm, the presentence report noted prior convictions for misdemeanor hit and run and OWI, without noting that the convictions had been expunged.

When defense counsel objected to consideration of the convictions, the State conceded that it was not proper for the circuit court to consider the expunged convictions, but the prosecutor went on to recount the facts underlying the expunged convictions by relying on information in the police reports and the district attorney’s case files.

The circuit court did not rely on the convictions, but did consider the facts underlying the convictions.

Affirmed.

Review of a decision of the Court of Appeals, affirming Circuit Court for LaCrosse County, Mulroy, J., Abrahamson, C.J.

Attorneys:

For Appellant: Jefren E. Olsen, Madison

For Respondent: Mary E. Burke, James E. Doyle, Shunette T. Campbell, Madison

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