2009AP1454-CR, 2009AP2277-CR State v. Schmaling

By: dmc-admin//August 31, 2010//

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Criminal Procedure
Double jeopardy

Ricky Schmaling appeals a judgment of conviction for two counts of felon in possession of a firearm and two counts of felony bail jumping, and an order denying postconviction relief. He claims: (1) his conviction is barred by double jeopardy; and (2) the circuit court erroneously denied his request for an adjournment. He also claims the circuit court should have held an evidentiary hearing on these issues. We conclude the record before us conclusively demonstrates Schmaling is not entitled to relief. Accordingly, we hold that the circuit court appropriately exercised its discretion when denying his postconviction motion without a hearing. This opinion will not be published.

2009AP1454-CR, 2009AP2277-CR State v. Schmaling

Dist III, Forest County, Kennedy, Nielsen, JJ., Per Curiam

Attorneys: For Appellant: Meier, Rick B., Kewaunee; For Respondent: Whelan, Maura F.J., Madison; Simono, Charles J., Crandon

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