Criminal Procedure — double jeopardy

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Criminal
Criminal Procedure — double jeopardy

It did not violate double jeopardy to charge a defendant who engaged in 289 separate thefts with more than one theft charge.

“If the State were permitted to charge Jacobsen with only one count of theft in connection with a course of conduct spanning six years and 289 thefts, neither Jacobsen nor anyone else would be deterred from continuing a larcenous scheme year after year. Multiple charges are also appropriate to assure proportionality between the harm caused by Jacobsen’s conduct and the punishment received. Jacobsen stole nearly $500,000. If the State were limited to charging her with one count of theft, she would be subject to the same maximum punishment as a person who stole $10,001. We agree with the State that this is an unreasonable result.”

Affirmed.

Recommended for publication in the official reports.

2013AP830-CR State v. Jacobsen

Dist. III, Outagamie County, McGinnis, J., Stark, J.

Attorneys: For Appellant: Carroll, John M., Appleton; For Respondent: Whelan, Maura F.J., Madison; Schneider, Carrie A., Appleton

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