State v. GuarneroAnnotate this Case
Defendant pleaded guilty to conspiracy of violating RICO. Approximately seven years later, Defendant was arrested for possession of cocaine in violation of Wis. Stat. 961.41(3g)(c). Defendant’s prior RICO conviction was listed as a prior conviction to enhance the penalty for cocaine possession conviction. The circuit court found Defendant guilty of violating section 961.41(3g)(c). Under the enhancement, Defendant’s cocaine possession constituted a felony. The court also convicted Defendant of felony bail jumping. Defendant appealed, arguing that the circuit court improperly enhanced the penalty for conviction of cocaine possession due to his prior RICO conspiracy conviction. The court of appeals affirmed. The Supreme Court affirmed, holding (1) Defendant’s prior RICO conviction enhanced the penalty for cocaine possession under section 961.41(3g)(c) to a second offense as a Class I felony; and (2) Defendant’s bail-jumping offense was properly a felony conviction.