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Fines & Expenses

By: Derek Hawkins//October 7, 2015//

Fines & Expenses

By: Derek Hawkins//October 7, 2015//

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Criminal

WI Court of Appeals – District IV

Officials: BLANCHARD, J.

Fines & Expenses

2015AP863-CR State of Wisconsin v. Barbara J. Thiry

Five horses owned by Barbara Thiry were seized by law enforcement officers and held as part of an investigation of alleged mistreatment. Thiry was then charged with fifteen misdemeanor counts of crimes involving animals. However, the State dismissed seven counts at trial, and the jury acquitted her on seven additional counts. This left a finding of guilt and a conviction on a single misdemeanor offense: intentionally failing to provide food for one of the five horses, contrary to WIS. STAT. § 951.13(1), as penalized under WIS. STAT. § 951.18(1). Thiry appeals one aspect of the judgment of conviction. She challenges a circuit court order assessing expenses to her, specifically requiring her to reimburse Waupaca County for expenses arising from the investigation that were generated for the county related to all five of the seized horses, pursuant to WIS. STAT. § 173.24, not just the expenses related to the one horse that Thiry was convicted of mistreating. Based on a plain language interpretation of § 173.24(3), I reverse the order of the circuit court and remand with directions.

Decision

Reversed and Remanded

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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