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State v. Roberts4/24/2002
for obstructing an officer. The information alleged three misdemeanor bail jumping convictions in October 1997 and two in March 1999. The court sentenced Roberts to two years in prison for obstructing, an enhanced sentence for the crime.
. Under Wis. Stat. § 939.62(2), an actor is a repeat offender if the actor was convicted of a misdemeanor on three separate occasions during the five-year period immediately preceding the commission of the crime for which the actor is being sentenced. A defendant may be sentenced as a repeat offender " f the prior convictions are admitted by the defendant or proved by the state." Wis. Stat. § 973.12(1).
. Roberts concedes that there was adequate proof of his two March 1999 convictions. However, he argues that the proof of his 1997 convictions, one of which is necessary to make him a repeat offender with three prior misdemeanor convictions, was inadequate.
. At sentencing, the only proof of the prior convictions appeared in the presentence investigation report (PSI). Roberts did not contest the facts set forth in the PSI, and he concedes that a PSI may constitute prima facie evidence of prior convictions. State v. Caldwell, 154 Wis. 2d 683, 695, 454 N.W.2d 13 (Ct. App. 1990). The PSI listed three 1997 convictions. These convictions occurred within five years of the January 2000 obstruction charge in this case. Therefore, they are a sufficient basis for imposing an enhanced sentence.
. Notwithstanding Roberts's contention that he appealed the 1997 misdemeanor convictions, there is no evidence that the convictions have been reversed. Therefore, they are available to enhance the obstructing conviction. Wis. Stat. § 939.62(2) (the prior convictions must "remain of record [and be] unreversed"). The State met its burden to demonstrate three prior, unreversed misdemeanor convictions within the requisite time period. State v. Goldstein, 182 Wis. 2d 251, 260, 513 N.W.2d 631 (Ct. App. 1994) (State has burden of establishing defendant's status as repeat offender for purposes of enhanced sentence).
By the Court. -- Judgment and order affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)5.
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