Defamation — constitutionality

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Wisconsin Court of Appeals

Criminal

Defamation — constitutionality

Daniel Worzalla appeals related judgments convicting him of defamation, stalking, and two counts of bail jumping, as well as an order denying his motion for postconviction relief. The charges were based upon allegations that Worzalla had engaged in a campaign to discredit or harm the reputation of the woman who had served as the social worker in a child protective services (CHIPS) case opened during his divorce. Worzalla raises five issues on appeal, claiming that: (1) the defamation statute was unconstitutionally applied to him; (2) the stalking statute was unconstitutionally applied to him; (3) there was insufficient evidence to support the stalking charge; (4) the sentences imposed were unduly harsh; and (5) counsel provided ineffective assistance by failing to argue that Worzalla’s actions were protected free speech.

As we will explain below, we conclude that the stalking statute was not unconstitutionally applied to Worzalla, and that the conviction on that count was supported by sufficient evidence. Therefore, counsel did not provide ineffective assistance with respect to the stalking count, which also formed the basis for the bail jumping charges. However, we accept the State’s concession that the defamation count was unconstitutionally applied to Worzalla. Accordingly, we affirm the stalking and bail jumping convictions and reverse the defamation conviction. Because the circuit court imposed consecutive sentences in a global sentencing structure, we will remand for resentencing on all the remaining counts. See State v. Sherman, 2008 WI App 57, ¶¶11-12, 310 Wis. 2d 248, 750 N.W.2d 500. It is therefore unnecessary to address Worzalla’s sentence challenge on this appeal. This opinion will not be published.

2013AP2209-CR, 2013AP2210-CR State v. Worzalla

Dist IV, Portage County, Counsell, J., Per Curiam

Attorneys: For Appellant: Alderman, Kimberly L., Madison; For Respondent: Kassel, Jeffrey J., Madison; Isherwood, Veronica Fay, Stevens Point