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§ 948.025(3) – Prohibition on Multiple-Offenses in Same Proceeding – Remedy

State v. Jeffrey L. Torkelson, 2007 WI App 272, PFR filed 11/30/07
For Torkelson: Timothy A. Provis

Issue/Holding: The remedy for violation of the § 948.025(3) prohibition on charging multiple offenses in the same proceeding is limited to dismissal of the charges (not new trial):

¶26   … Wisconsin Stat. § 948.025(3) simply prohibits the State from charging certain enumerated offenses in the same action as a violation of § 948.025. Nothing in the statute indicates the remedy for a violation is anything other than dismissal of the prohibited charges. [7] In addition, Torkelson does not refute the State’s argument that all of the evidence produced on the dismissed counts would have been admissible to prove the sexual assault count. Under these circumstances, Torkelson is not entitled to a new trial.

 

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