On Point blog, page 1 of 1
Double Jeopardy – Multiplicity: Child Enticement – Single Act
State v. William J. Church, 2000 WI 90, 223 Wis. 2d 641, 589 N.W.2d 638, dismissing review as improvidently granted, thereby affirming State v. Church , 223 Wis. 2d 641, 589 N.W.2d 638 (Ct. App. 1998)
For Church: James L. Fullin, SPD, Madison Appellate
Issue: Whether the child enticement statute, § 948.07, supports multiple charges and punishments based on a single act.
Double Jeopardy – Multiplicity: Attempted Child Sexual Exploitation and Child Enticement
State v. Gabriel Derango, 2000 WI 89, 236 Wis. 2d 721, 613 N.W.2d 833, affirming State v. DeRango 229 Wis. 2d 1, 599 N.W.2d 27
For Derango: Robert G. LeBell
Issue: Whether conviction for both attempted child sexual exploitation and child enticement as a result of a single act is multiplicitous.
Holding: The two offenses are elementally distinct and therefore aren’t the “same”