By: Derek Hawkins//October 2, 2019//
WI Court of Appeals – District IV
Case Name: State of Wisconsin v. Israel E. Nunez
Case No.: 2018AP2211-CR; 2018AP2212-CR
Officials: Fitzpatrick, P.J., Blanchard, and Kloppenburg, JJ.
Focus: Court Error – Initial Joinder
In these consolidated cases, Israel Nunez appeals circuit court judgments convicting him of three counts of child sexual assault. Nunez also appeals the court’s order denying his motion for postconviction relief. On appeal, Nunez states that he has chosen not to pursue possible issues as to “prejudicial joinder or retroactive misjoinder.” Rather, he challenges only the circuit court’s “initial” joinder decision that the court made based on the allegations in the criminal complaints. Thus, we decide only this initial joinder issue. The parties agree that this issue is governed by WIS. STAT. § 971.12(1) and (4). They further agree that our review is de novo. See State v. Salinas, 2016 WI 44, ¶30, 369 Wis. 2d 9, 879 N.W.2d 609 (“The initial decision on joinder is a question of law that we review de novo.”). Nunez argues that the circuit court erred when it joined two sets of charges for trial. We disagree and affirm.