Sentencing- Multiplicity Claims

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Evan T. Oungst

Case No.: 2022AP000432-CR

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

Focus: Sentencing- Multiplicity Claims

Oungst appeals from a judgment convicting him, upon his guilty pleas, of second-degree reckless homicide by omission and multiple counts of aiding a felon, all as a party to the crime, and four counts of manufacture or delivery of prescription drug. He also appeals from the circuit court’s order denying his motion for postconviction relief. Oungst argues that his convictions for the homicide and for aiding a felon—which were based on his efforts to help his four codefendants evade detection for the homicide—were multiplicitous. Thus, he claims that his convictions and sentences for aiding a felon should be vacated.

The appeals court rules that under Wisconsin’s established test for multiplicity claims, Oungst’s argument fails, as his convictions are not the same in fact or in law and the Wisconsin Legislature did not clearly intend to prohibit convictions for both crimes under the circumstances.

Affirmed.

Decided 05/09/23

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