By: WISCONSIN LAW JOURNAL STAFF//December 11, 2013//
Criminal
Criminal Procedure — double jeopardy
It did not violate double jeopardy to charge a defendant who engaged in 289 separate thefts with more than one theft charge.
“If the State were permitted to charge Jacobsen with only one count of theft in connection with a course of conduct spanning six years and 289 thefts, neither Jacobsen nor anyone else would be deterred from continuing a larcenous scheme year after year. Multiple charges are also appropriate to assure proportionality between the harm caused by Jacobsen’s conduct and the punishment received. Jacobsen stole nearly $500,000. If the State were limited to charging her with one count of theft, she would be subject to the same maximum punishment as a person who stole $10,001. We agree with the State that this is an unreasonable result.”
Affirmed.
Recommended for publication in the official reports.
2013AP830-CR State v. Jacobsen
Dist. III, Outagamie County, McGinnis, J., Stark, J.
Attorneys: For Appellant: Carroll, John M., Appleton; For Respondent: Whelan, Maura F.J., Madison; Schneider, Carrie A., Appleton