00-1846 State v. Multaler

Listen to this article

Accordingly, where police executed the warrant and found two computer disks of child pornography, defendant was properly convicted of 28 counts of child pornography.

And, even though the 28 charges were identical, the charges were not unconstitutionally multiplicitous because they were not identical in fact.

“Even had he downloaded all the image files in a very short period of time, the fact that there were more than 28 separate files supports a conclusion that he made a new decision to obtain each one. Every time he downloaded a new file, he recommitted himself to additional criminal conduct. Each decision to download more child pornography represented a new volitional departure….

“In sum, we conclude that the 28 charges to which Multaler pled were not multiplicitous. We further conclude that Investigator Hanrahan’s affidavit provided a substantial basis to determine that there was a fair probability that the evidence the police sought in the warrant would be found in Multaler’s house.

Accordingly, we affirm the decision of the court of appeals.”

Court of Appeals; Bradley, J.

Attorneys:

For Appellant: Jeffrey W. Jensen, Milwaukee

For Respondent: Sandra L. Nowack, James E. Doyle, Madison