Ineffective Assistance of Counsel; Double Jeopardy; Sentencing

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Kendall M. White

Case No.: 2023AP001158-CR

Officials: White, C.J., Donald, P.J., and Geenen, J.

Focus: Ineffective Assistance of Counsel; Double Jeopardy; Sentencing

White was convicted on two counts of first-degree recklessly endangering safety with the use of a dangerous weapon after he fired a gun into a car with three occupants. White sought to vacate one conviction and be resentenced, arguing the two convictions were multiplicitous and violated double jeopardy. He also claimed ineffective assistance of counsel for not addressing the double jeopardy issue.

The court found that White’s actions, though a single act, endangered multiple victims, and thus each victim constituted a separate offense. This aligns with the principle that multiple victims of a single reckless act can each warrant separate charges. The court also determined that the legislature intended to allow multiple punishments for such conduct.

Since the convictions were not multiplicitous, the court ruled the claim of ineffective counsel failed, as it was based on a meritless double jeopardy argument. Therefore, White was not entitled to relief or a Machner hearing.

Affirmed.

Decided 07/16/24

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