State v. Brian Tyrone Ricketts, Jr.

Summary

The Wisconsin Court of Appeals, District III, interprets the phrase “was convicted on 2 or more separate occasions” in Wisconsin’s domestic abuse repeater statute, Wis. Stat. § 939.621. The court holds that a defendant qualifies based on two qualifying convictions within the statutory period even if the convictions arose from the same incident, had the same offense date, or occurred during the same court appearance. The court reversed the circuit court’s order striking the domestic abuse repeater enhancer and remanded for further proceedings.

Holdings

1. A defendant qualifies as a domestic abuse repeater if the defendant was convicted of two qualifying domestic abuse offenses during the required statutory period, regardless of whether the convictions arose from the same incident, had the same offense date, or occurred during the same court appearance.
2. Ricketts qualifies as a domestic abuse repeater because it is undisputed that he had two qualifying domestic abuse convictions within the applicable ten-year period.

Questions Presented

1. Whether the phrase "was convicted on 2 or more separate occasions" in Wisconsin's domestic abuse repeater statute, WIS. STAT. § 939.621(1)(b), requires convictions arising from separate incidents or offense dates.
2. Whether the phrase should be interpreted consistently with the Wisconsin Supreme Court's construction of nearly identical language in the general repeater statute, WIS. STAT. § 939.62(2).
3. Whether the circuit court properly relied on State v. Rector and Wooden v. United States to interpret "separate occasions."

Disposition

reversed_and_remanded