Sentencing — repeater enhancements

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Wisconsin Court of Appeals

Criminal

Sentencing — repeater enhancements

Anthony R. Giebel appeals from a judgment of conviction on one count of battery as a repeater, entered after revocation of his probation, and from an order denying postconviction relief. Giebel contends that a conflict exists between Wis. Stat. §§ 973.01 and 939.62 when applied to misdemeanor repeaters like himself and that the circuit court should have recognized this conflict and modified his sentence in a manner consistent with one of our unpublished decisions, State v. Gerondale, Nos. 2009AP1237/1238-CR, unpublished slip op. (WI App Nov. 3, 2009). We now have the benefit of a recent published decision addressing the concern surrounding these statutory provisions. See State v. Lasanske, 2014 WI App 26, ___ Wis. 2d ___, ___ N.W.2d ___. In light of this recent decision, we conclude that Giebel’s sentence is appropriate and affirm. This opinion will not be published.

2013AP1874-CR State v. Giebel

Dist II, Fond du Lac County, English, J., Gundrum, J.

Attorneys: For Appellant: Velasquez, Michelle L., Madison; For Respondent: Mortier, Scot T., Fond du Lac; Weber, Gregory M., Madison