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Statutory Interpretation – Notice Requirement

By: Derek Hawkins//July 20, 2015//

Statutory Interpretation – Notice Requirement

By: Derek Hawkins//July 20, 2015//

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Criminal

WI Court of Appeals – District I

Officials: Kessler, Brennan and Bradley, JJ.

Statutory Interpretation – Notice Requirement

2014AP2707-CR State of Wisconsin v. Dijon L. Carter

Dijon L. Carter appeals from a judgment of conviction entered after he pled guilty to possession of a firearm by a felon as set forth in WIS. STAT. § 941.29(2)(b) (2013-14).1 He argues that the complaint against him should have been dismissed because when he was adjudicated delinquent for the predicate offense, the juvenile court failed to inform him of the lifetime firearm prohibition as it was required to do pursuant to WIS. STAT. § 938.341. Carter essentially argues that § 938.341 adds an additional element to § 941.29(2)(b). However, reading an additional element into § 941.29(2)(b) is contrary to both the plain language of the statute and our holding in State v. Phillips, 172 Wis. 2d 391, 493 N.W.2d 238 (Ct. App. 1992). As such, we affirm.

Decision

Affirmed

Full Text


Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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