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Double Jeopardy – Multiplicity: Waiver – Guilty Plea Rule

State v. Jimmie Davison, 2002 WI App 109, reversed on other grounds2003 WI 89
For Davison: Keith A. Findley, UW Law School

Issue/Holding: A guilty plea doesn’t waive a facially valid multiplicity claim. ¶13.

The supreme court took review on this threshold issue: “First, does a criminal defendant who pleads guilty to several crimes in a negotiated plea agreement waive the right to raise a multiplicity claim against one of the resulting convictions?” ¶2. Rejecting relief on the merits, the court expressly declines to decide this waiver issue. ¶111. The result therefore does notaffect the viability of the non-waiver holding. State v. Gary M.B., 2003 WI App 72, ¶¶13 and id. n. 4, (supreme court reversal on merits, without reaching preliminary conclusion of non-waiver doesn’t affect latter holding), affirmed on other grds.2004 WI 33. To be sure, Gary M.B. may be reversed on this point; however, the principle of non-waiver of a facially valid multiplicity claim appears otherwise supported by substantial authority.

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