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Postconviction Relief-Evidence-Penalty Enhancers

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Tracy Laver Hailes [Recommended for Publication]

Case No.: 2021AP001339-CR

Officials: Dugan, J.

Focus: Postconviction Relief-Evidence-Penalty Enhancers

Hailes appeals his judgment of conviction and two orders of the circuit court denying his motions for postconviction relief. On appeal, Hailes argues that the circuit court erroneously denied his motion to suppress evidence of drug activity at two apartments located at 618 North 30th Street. (30th Street). He also argues that two penalty enhancers—one for repeat offenders and the other for second or subsequent offenders, found in WIS. STAT. § 939.62 (2021-22),2 and WIS. STAT. § 961.48—were erroneously applied to the drug offense charges in his case—he was charged with and pled guilty to the drug charges with both of the enhancers. Hailes further argues that he is entitled to plea withdrawal, sentence modification, or resentencing based on the fact that he was erroneously charged with and pleaded guilty to the drug charges with both of the penalty enhancers.

The appeals court ruled that the circuit court properly denied Hailes’ motion to suppress because the affidavits attached to the search warrants established probable cause to search the two apartments located at 30th Street. The appeals court also concludes that the two penalty enhancers were erroneously applied to Hailes because the plain meaning of WIS. STAT. § 973.01(2)(c) states that either WIS. STAT. § 939.62 “or” WIS. STAT. § 961.48 can apply to his drug charges—but not both. However, it nevertheless rejects Hailes’ argument that he is entitled to plea withdrawal, sentence modification, and resentencing.


Decided 05/09/23

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