Multiple Alleged Acts – Duplicitous Complaint

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Autumn Marie Love Lopez, et al.

Case No.: 2017AP913-CR; 2017AP914-CR

Officials: Sherman, Kloppenburg and Fitzpatrick, JJ.

Focus: Multiple Alleged Acts – Duplicitous Complaint

In these consolidated appeals, the State appeals judgments of the circuit court dismissing the State’s criminal complaints against Autumn Marie Love Lopez and Amy Rodriguez. Lopez and Rodriguez were each charged with a single count of retail theft of items valued at more than $500 but less then $5,000, as parties to a crime. See WIS. STAT. §§ 943.50(1m)(c) and (4)(bf), and 939.05 (2015-16). On Lopez’s and Rodriguez’s motions, the circuit court dismissed the complaints on the ground they are improperly duplicitous. The State argues that the complaints are not improperly duplicitous because it has authority under WIS. STAT. § 971.36(3)(a) to charge as one continuous offense the multiple alleged acts of retail theft that underlie the single charge. Alternatively, the State argues that it can do so pursuant to its general prosecutorial charging discretion. For the reasons discussed below, we conclude that the State may charge the multiple alleged acts of retail theft as one continuous offense pursuant to § 971.36(3)(a). Therefore, we reverse the judgments dismissing the complaints and remand for further proceedings.

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Attorney Derek A. Hawkins is the managing partner 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.