2008AP1968-CR State v. Patterson

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Criminal Procedure
Double jeopardy

Convictions for both first-degree reckless homicide by delivery of a controlled substance and contributing to the delinquency of a child with death as a consequence are not multiplicitous.

“Rather than being a homicide statute, Wis. Stat. § 948.40(1), (4)(a) is more akin to other offenses spread throughout the statutes that proscribe certain conduct and impose a more serious punishment where death results. Patterson argues that these other statutes, citing Wis. Stat. § 346.74(5)(d) as an example, are simply homicide statutes located outside of chapter 940. Wisconsin Stat. § 346.74(5)(d), which provides the penalty when a driver fails to comply with the requirements in Wis. Stat. § 346.67(1) after an accident that results in a death, is similar to § 948.40(1), (4)(a). Both provide a more serious punishment where ‘death is a consequence.’ Wis. Stat. §§ 346.74(5)(d), 948.40(1), (4)(a). In contrast, the homicide statutes target those who ’cause[] the death’ of another. See, e.g., Wis. Stat. §§ 940.01-.03. Further, the fact that § 346.74(5)(d) is not a type of criminal homicide is evident from the fact that defendants are often convicted under both that statute and a homicide statute when their conduct is proscribed by both. Like Wis. Stat. § 346.74(5)(d), § 948.40(1), (4)(a) is not a type of criminal homicide.”

Affirmed.

2008AP1968-CR State v. Patterson

Crooks, J.

Attorneys: For Appellant: Karpe, David R., Madison; For Respondent: Southworth, Scott Harold, Mauston; Sanders, Michael C., Madison

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