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Tapps v. State

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eBook details

  • Title: Tapps v. State
  • Author : State of Wisconsin in Supreme Court
  • Release Date : January 06, 2008
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

A jury found Ricky Tapps guilty of unlawful possession of a firearm by a felon. After finding two enhancement paragraphs true, the district court assessed sentence at thirty-two years in prison. Tapps raises several issues on appeal. He contends that the evidence is legally and factually insufficient to support the conviction because he is not a felon in the sense intended by the statute and that the State failed to carry its burden of proof to show that he possessed a firearm within the time period prescribed by the statute prohibiting felons from possessing firearms. He complains that the trial court allowed the State to ask a defense witness if she knew Tapps was a sex offender, and contends that the admission of evidence of extraneous offenses was egregious error. He also contends that he received ineffective assistance of counsel because his trial counsel did not object to the admission of the evidence of extraneous offenses. Finally, he contends--and the State concedes--that the judgment should be reformed to reflect that the court found only two enhancement paragraphs true, rather than four. We modify the judgment by eliminating the findings of true regarding two of the four enhancement paragraphs and by correcting the date recited for the commission of the offense, and affirm the judgment as modified.


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