01-1966 State v. McKee

By: dmc-admin//June 3, 2002//

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Although we agree with defendant that Wis. Stat. sec. 939.71 is ambiguous because it does not plainly express the legislature’s intent regarding its application when facts necessary for the prosecution of a given crime do not come into existence until after a defendant has been convicted of another crime for the same act, we conclude that the legislature did not intend to bar a subsequent prosecution in circumstances such as the one before us.

“In short, we are satisfied that there is no reason for the present prosecution not to continue. Should McKee be convicted of the homicide, both he and the State will have the opportunity to inform the trial court of the limitations, if any, they believe apply to the punishment which the court may then impose.”

Order affirmed and cause remanded.

Dist IV, Jefferson County, Erwin, J., Deininger, J.

Attorneys:

For Appellant: Kenneth P. Casey, Jefferson

For Respondent: Susan J. Sommer, Jefferson; Mary E. Burke, Madison

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