2010AP1666-CR State v. Larson

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Criminal Procedure
Statute of limitations; attempted murder

The statute of limitations for attempted first-degree intentional homicide is six years.

“Because the 1988 revision did not intend to change the meaning of Wis. Stat. § 939.74(2)(a) as it relates to attempted homicides, we can look to the language of the pre-1988 statute for guidance. If Larson’s case had arisen under the pre-1988 statute, the relevant question would be whether ‘[a] prosecution for murder’ includes a prosecution for attempted murder. See Wis. Stat. § 939.74(2)(a) (1985-86). We conclude that it does not. The phrase ‘a prosecution for murder’ unambiguously refers to prosecution of a completed offense. Given that the 1988 revision did not change the meaning of § 939.74(2)(a) in relation to attempted homicide, it follows that the revised statute’s phrase, ‘[a] prosecution under s. 940.01,’ also refers to the completed crime instead of the attempt. Consequently, we conclude the revised version of § 939.74(2)(a) does not apply to a prosecution for attempted first-degree intentional homicide, which must instead be commenced within six years in accordance with Wis. Stat. § 939.74(1).”

Reversed.

Recommended for publication in the official reports.

2010AP1666-CR State v. Larson

Dist. III, Brown County, McKay, J., Peterson, J.

Attorneys: For Appellant: Larson, Rodney A., pro se; For Respondent: Zakowski, John P., Green Bay; Noet, Nancy A., Madison

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