On Point blog, page 1 of 1
Multiple charges for fleeing an officer weren’t multiplicitous
State v. Roman T. Wise, 2021 WI App 87; case activity (including briefs)
Wise was convicted of 4 counts of fleeing or eluding an officer under §346.04(3). He claimed trial counsel was ineffective for failing to seek dismissal of 3 of his 4 charges on the grounds that they were multiplicitous. The court of appeals held that the charges were not multiplicitous because each one required proof of a different element or fact. Thus, the circuit court appropriately denied Wise’s ineffective assistance of counsel claim without a hearing.