Review granted in 'State v. Warbelton'

The Wisconsin Supreme Court has granted review in this case. (2007AP105-CR)

Jeffrey Warbelton seeks review of a decision [2008 WI App 42] affirming his conviction for stalking “with previous conviction for a violent crime.”

Warbelton raises one issue: whether the jury should hear evidence that he had a "previous conviction for a violent crime" and be instructed to make a finding on that matter during his trial for stalking while having "a previous conviction for a violent crime" under Wis. Stat. § 940.32(2) and (2m)(a).

Warbelton claims the jury should not hear evidence of a prior conviction because it is merely a penalty enhancer.

The Court of Appeals rejected this argument, holding that a previous conviction is a substantive element of the offense.

The Supreme Court has been asked whether the circuit court erred when it handled proof of the “previous conviction for a violent crime” requirement found in Wis. Stat. § 940.32 (2) and (2m) (a) (2001-02). From Winnebago County.