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2008AP1296-CR State v. Conner

By: WISCONSIN LAW JOURNAL STAFF//February 9, 2011//

2008AP1296-CR State v. Conner

By: WISCONSIN LAW JOURNAL STAFF//February 9, 2011//

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Aggravated stalking
Sufficiency of the evidence

A single act of stalking is sufficient to constitute a course of conduct supporting a conviction for aggravated stalking.

“As to the application of the statute’s language about requiring that ‘the present violation’ have occurred ‘within seven years after the prior conviction,’ we hold that it was properly applied in this case because, in this case, the ‘present violation’ was a continuing course of conduct that included the acts on November 30, 2005, and that occurred within seven years after the 2003 convictions for crimes involving the same victim. Contrary to Conner’s assertions, the statute does not specify how many acts in that course of conduct must take place after the prior conviction. Such a reading is at odds with the context of the statute in which it appears, which defines stalking as acts ‘carried out over time, however short or long, that show a continuity of purpose.’ Further, the list of acts the statute defines as stalking conduct makes clear that even if we read the statute as Conner suggests, the conviction in this case would still be proper because a properly instructed jury could reasonably find that evidence showed that on November 30, 2005, Conner carried out more than one act constituting stalking behavior, and those acts were within seven years after the 2003 conviction involving the same victim.”

Affirmed.

2008AP1296-CR State v. Conner

Crooks, J.

Attorneys: For Appellant: Mays, Stephen E., Middleton; House, J. Steven, Madison; For Respondent: Weinstein, Warren D., Madison; Sharp, Wm. Andrew, Richland Center

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