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01-0121-CR State v. Smith-Herzog
By: dmc-admin//August 13, 2001//
Listen to this articleThe State of Wisconsin seeks to appeal from an order of the circuit court dismissing with prejudice a charge of operating a motor vehicle with a prohibited blood alcohol content. The State contends that the verdict rendered by the jury and a note appended to the verdict form combine to make up an inconsistent verdict.
Given that the circuit judge resolved the factual elements of the affirmative coercion defense against the State, we conclude that double jeopardy precludes an appeal; therefore, we dismiss the State’s appeal.
This opinion will not be published.
Dist II, Sheboygan County, Bolgert, J., Anderson, J.
Attorneys:
For Appellant: Joseph R. DeCecco, Sheboygan
For Respondent: Jefren E. Olsen, Madison
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