Due Process violation

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Lisa Rena Lantz

Case No.: 2020AP742-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Due Process violation

Lisa Lantz appeals a judgment convicting her of one count of conspiring to deliver methamphetamine, two counts of soliciting the delivery of methamphetamine, and one count of maintaining a drug trafficking place. Lantz argues that her two convictions for soliciting the delivery of methamphetamine are multiplicitous of her conviction for conspiring to deliver methamphetamine, in violation of her due process rights. Lantz further contends she has not waived her multiplicity claim, but if she has, she argues that her trial counsel was ineffective for failing to raise a multiplicity argument. Lantz also argues the circuit court erroneously exercised its discretion by imposing an aggregate twenty-seven year sentence because the court disregarded mitigating factors and erroneously believed that Lantz could not remain drug free. Lantz requests that we reverse and remand her case to the circuit court with instructions to vacate her solicitation convictions, dismiss the solicitation charges, and resentence her on the remaining charges.

We conclude that conspiring to deliver methamphetamine and soliciting the delivery of methamphetamine are different in law and in fact. We therefore presume that the legislature authorized cumulative punishments for these offenses and determine that Lantz has not overcome her burden of rebutting this presumption. Because Lantz’s solicitation and conspiracy convictions are not multiplicitous, her counsel was not ineffective. Finally, we further conclude that the circuit court did not erroneously exercise its discretion when sentencing Lantz to a total of twenty-seven years in the Wisconsin prison system. Accordingly, we affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.