Wisconsin Statutes
Wis. Stat. § 973.12 (2026)
Sentence of a repeater or persistent repeater
✓ current as of July 2026
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973.12(1)(1) Whenever a person charged with a crime will be a repeater or a persistent repeater under s. 939.62 or subject to a penalty under s. 939.6195 if convicted, any applicable prior convictions may be alleged in the complaint, indictment or information or amendments so alleging at any time before or at arraignment, and before acceptance of any plea. The court may, upon motion of the district attorney, grant a reasonable time to investigate possible prior convictions before accepting a plea. If the prior convictions are admitted by the defendant or proved by the state, he or she shall be subject to sentence under s. 939.6195 or 939.62 unless he or she establishes that he or she was pardoned on grounds of innocence for any crime necessary to constitute him or her a repeater or a persistent repeater. An official report of the F.B.I. or any other governmental agency of the United States or of this or any other state shall be prima facie evidence of any conviction or sentence therein reported. Any sentence so reported shall be deemed prima facie to have been fully served in actual confinement or to have been served for such period of time as is shown or is consistent with the report. The court shall take judicial notice of the statutes of the United States and foreign states in determining whether the prior conviction was for a felony or a misdemeanor.
973.12(2)(2) In every case of sentence under s. 939.6195 or 939.62, the sentence shall be imposed for the present conviction, but if the court indicates in passing sentence how much thereof is imposed because the defendant is a repeater, it shall not constitute reversible error, but the combined terms shall be construed as a single sentence for the present conviction.
973.12 AnnotationThis section does not authorize two sentences for one crime. State v. Upchurch, 101 Wis. 2d 329, 305 N.W.2d 57 (1981).
973.12 AnnotationBecause s. 939.62 authorizes penalty enhancement only when the maximum underlying sentence is imposed, the enhancement portion of a sub-maximum sentence was vacated as an abuse of sentencing discretion. State v. Harris, 119 Wis. 2d 612, 350 N.W.2d 633 (1984).
973.12 AnnotationA report under sub. (1) must contain critically relevant facts in order to support penalty enhancement. State v. Farr, 119 Wis. 2d 651, 350 N.W.2d 640 (1984).
973.12 AnnotationDiscussing the effect of consolidation on a repeater allegation. State v. Rachwal, 159 Wis. 2d 494, 465 N.W.2d 490 (1991).
973.12 AnnotationNo amendment to a charging document to add a repeater allegation may be made after arraignment and acceptance of any plea. State v. Martin, 162 Wis. 2d 883, 470 N.W.2d 900 (1991).
973.12 AnnotationA post-plea amendment of a repeater allegation in a charging document that meaningfully changes the basis on which possible punishment can be assessed is barred. State v. Wilks, 165 Wis. 2d 102, 477 N.W.2d 632 (Ct. App. 1991).
973.12 AnnotationA guilty plea without a specific admission to repeater allegations is not sufficient to establish the facts necessary to impose the repeater penalty enhancer. State v. Zimmerman, 185 Wis. 2d 549, 518 N.W.2d 303 (Ct. App. 1994).
973.12 AnnotationWhen a defendant does not admit to habitual criminality when entering a no contest plea, the state must prove the alleged repeater status beyond a reasonable doubt. State v. Theriault, 187 Wis. 2d 125, 522 N.W.2d 254 (Ct. App. 1994).
973.12 AnnotationFor a repeater enhancer to apply, the prior conviction must be alleged prior to the entry of a plea, but an error in the information regarding the penalty may be corrected when an amendment will cause no prejudice. State v. Gerard, 189 Wis. 2d 505, 525 N.W.2d 718 (1995).
973.12 AnnotationProof of repeater status must be made prior to sentencing. Judicial notice of prior convictions at a postconviction hearing was improper. State v. Koeppen, 195 Wis. 2d 117, 536 N.W.2d 386 (Ct. App. 1995), 94-2386.
973.12 AnnotationGerard, 189 Wis. 2d 505 (1995), is not limited to clerical errors. If the information correctly alleges a defendant’s repeater status, a post-arraignment amendment to the information does not violate this section as long as it does not affect the sufficiency of the notice to the defendant concerning the defendant’s repeater status. State v. Campbell, 201 Wis. 2d 783, 549 N.W.2d 501 (Ct. App. 1996), 95-2217.
973.12 AnnotationThe requirements for establishing prior offenses in this section are not applicable to the penalty enhancement provisions under chs. 341 to 349, including drunk driving offenses under s. 346.65 (2) or operating after revocation offenses under s. 343.44 (2). State v. Wideman, 206 Wis. 2d 91, 556 N.W.2d 737 (1996), 95-0852. See also State v. Spaeth, 206 Wis. 2d 135, 556 N.W.2d 728 (1996), 95-1827.
973.12 AnnotationSub. (1) does not require that the period of incarceration under s. 939.62 (2) must be alleged in the charging document. State v. Squires, 211 Wis. 2d 876, 565 N.W.2d 309 (Ct. App. 1997), 96-3302.
973.12 AnnotationWhen the record established that the defendant fully understood the nature of the repeater charge against him, the defendant’s no contest plea to the information, which charged the defendant as a repeater on all counts, constituted an admission under this section. State v. Liebnitz, 231 Wis. 2d 272, 603 N.W.2d 208 (1999), 98-2182.
973.12 AnnotationSub. (1) does not prohibit a defendant from agreeing, after arraignment and entry of a not guilty plea as part of a plea agreement, to amend charging documents to add repeater allegations. State v. Peterson, 2001 WI App 220, 247 Wis. 2d 871, 634 N.W.2d 893, 01-0116.
973.12 AnnotationAlthough the information itself failed to contain sufficient detail to provide proper notice of a repeater allegation in compliance with the statute and Gerard, 189 Wis. 2d 505 (1995), a certified copy of the defendant’s prior convictions, provided at a change of plea hearing, cured the defect. State v. Fields, 2001 WI App 297, 249 Wis. 2d 292, 638 N.W.2d 897, 01-1177.
973.12 AnnotationThe admissibility of evidence proving prior convictions can be waived when the prosecution submits documentary evidence that on its face is sufficient to show that the defendant is a repeater. State v. Edwards, 2002 WI App 66, 251 Wis. 2d 651, 642 N.W.2d 537, 01-0612.
973.12 AnnotationAn uncertified copy of a prior judgment of conviction may be used to prove a convicted defendant’s status as a habitual criminal. The rules of evidence do not apply to documents offered during a circuit court’s presentence determination of whether a qualifying prior conviction exists. The state has the burden of proof and must offer proof beyond a reasonable doubt of the conviction. State v. Saunders, 2002 WI 107, 255 Wis. 2d 589, 649 N.W.2d 263, 01-0271.
973.12 AnnotationIn a complaint that in referring to predicate convictions described the offenses, stated the correct county where the convictions occurred, and cited the case number, but misstated the date of the convictions by only one calendar day, the misstatement did not meaningfully change the basis on which the defendant entered a plea and provided the required notice of the predicate convictions on which the repeater status was based. State v. Stynes, 2003 WI 65, 262 Wis. 2d 335, 665 N.W.2d 115, 02-1143.
973.12 AnnotationThe state’s use of a Consolidated Court Automation Programs (CCAP) report as evidence of a conviction did not constitute prima facie proof of that conviction. State v. Bonds, 2006 WI 83, 292 Wis. 2d 344, 717 N.W.2d 133, 05-0948. But see State v. LaCount, 2008 WI 59, 310 Wis. 2d 85, 750 N.W.2d 780, 06-0672.
973.12 AnnotationEvidence of repeater status may be submitted any time following the jury verdict up until the actual sentencing. State v. Kashney, 2008 WI App 164, 314 Wis. 2d 623, 761 N.W.2d 672, 07-2687.
Notes of Decisions
Cited in 67
cases (6 in the last 5 years), 1971–2024 · leading case: State v. Bonds, 2006 WI 83 (Wis. 2006).
State v. Bonds, 2006 WI 83 (Wis. 2006). “¶ 2 Four members of the court conclude that with sufficient proof, the State's post-conviction amendment of the basis for proving habitual criminality would have been permissible for two reasons: (1) The complaint satisfied the requirements of Wis. Stat. § 973.12 and of due…”
State v. Saunders, 2002 WI 107 (Wis. 2002). “This case requires the court to determine how prior convictions are "proved by the state" under Wis. Stat. § 973.12 (1) (1999-2000) [2] for sentence enhancement.”
State v. Martin, 470 N.W.2d 900 (Wis. 1991). “[5] We conclude that any argued, though nonexistent, ambiguity has been resolved by this examination of the statutory evolution of sec. 973.12, Stats. [11] The statutory changes make clear that the legislature has established the time of arraignment and of any plea acceptance as…”
State v. Wideman, 556 N.W.2d 737 (Wis. 1996). “The defendant urges the court to apply the requirements of *99 Wis. Stat. § 973.12 (1), the general repeat offender statute, 9 to § 346.”
State v. Stynes, 2000 WI 65 (Wis. 2003). “[1] The court of appeals concluded that the repeater allegation in the State's complaint failed to provide Stynes with notice of the predicate convictions on which his repeater status was based, as required by Wis. Stat. § 973.12 (1) (1999-2000) and due process.”
State v. Liebnitz, 603 N.W.2d 208 (Wis. 1999). “To sentence a defendant as a repeater, Wis. Stat. § 973.12 (1) [2] requires the State to prove, or the defendant to admit, any prior convictions that form the basis of the defendant's repeater status.”
State v. Peterson, 2001 WI App 220 (Wis. Ct. App. 2001). “He contends that the repeater portion of each sentence is void because, at the time he entered his pleas of not guilty at the arraignment, neither the complaint nor the information charged him as a repeater as required by Wis. Stat. § 973.12 (1) (1999-2000). 1 Therefore, he…”
State v. Rachwal, 465 N.W.2d 490 (Wis. 1991). “If the defendant makes no admission whatsoever, the state is required by sec. 973.12, Stats., to provide proof as to the defendant's repeater status as alleged in order for the trial court to sentence the defendant as a repeater.”
State v. Campbell, 549 N.W.2d 501 (Wis. Ct. App. 1996). “12(1) to the undisputed facts of this case presents a question of law, which we review de novo.”
State v. Farr, 350 N.W.2d 640 (Wis. 1984). “The first one is whether the presentence report which contained the defendant's "prior record" met the status of an official report pursuant to sec. 973.12(1), Stats. [1] *653 The other issue is whether the defendant admitted that he had been convicted of a felony during the…”
State v. Spaeth, 556 N.W.2d 728 (Wis. 1996). “See Wis. Stat. § 973.12 (1). 6 Section 343.44(2) provides a framework of escalating penalties for successive OAR convictions.”
State v. Goldstein, 513 N.W.2d 631 (Wis. Ct. App. 1994). “The appellate issue is whether Goldstein's prior conviction was adequately proven pursuant to § 973.12(1), Stats. We hold it was not. We reverse the enhanced penalty provisions of the judgment.”
— Wis. Stat. § 973.12(1) — 42 cases
State v. Saunders, 2002 WI 107 (Wis. 2002). “This case requires the court to determine how prior convictions are "proved by the state" under Wis. Stat. § 973.12 (1) (1999-2000) [2] for sentence enhancement.”
State v. Martin, 470 N.W.2d 900 (Wis. 1991). “[5] We conclude that any argued, though nonexistent, ambiguity has been resolved by this examination of the statutory evolution of sec. 973.12, Stats. [11] The statutory changes make clear that the legislature has established the time of arraignment and of any plea acceptance as…”
State v. Bonds, 2006 WI 83 (Wis. 2006). “¶ 2 Four members of the court conclude that with sufficient proof, the State's post-conviction amendment of the basis for proving habitual criminality would have been permissible for two reasons: (1) The complaint satisfied the requirements of Wis. Stat. § 973.12 and of due…”
State v. Wideman, 556 N.W.2d 737 (Wis. 1996). “The defendant urges the court to apply the requirements of *99 Wis. Stat. § 973.12 (1), the general repeat offender statute, 9 to § 346.”
State v. Rachwal, 465 N.W.2d 490 (Wis. 1991). “If the defendant makes no admission whatsoever, the state is required by sec. 973.12, Stats., to provide proof as to the defendant's repeater status as alleged in order for the trial court to sentence the defendant as a repeater.”
— Wis. Stat. § 973.12(2) — 10 cases
State v. Harris, 350 N.W.2d 633 (Wis. 1984).
State v. Goldstein, 513 N.W.2d 631 (Wis. Ct. App. 1994). “The appellate issue is whether Goldstein's prior conviction was adequately proven pursuant to § 973.12(1), Stats. We hold it was not. We reverse the enhanced penalty provisions of the judgment.”
State v. Upchurch, 305 N.W.2d 57 (Wis. 1981).
State v. Kleven, 2005 WI App 66 (Wis. Ct. App. 2005).
Robinson v. State, 306 N.W.2d 668 (Wis. 1981).
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