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 affirmingState 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.

Holding: Based on its argument in State v. Gabriel Derango, 2000 WI 89, 236 Wis. 2d 721, 613 N.W.2d 833, the state concedes that § 948.07 creates a single offense with alternative mental states; as a result the state’s petition for review in this case is dismissed as improvidently granted, which has the effect of leaving intact the court of appeals’ published decision, State v. Church, 223 Wis. 2d 641, 589 N.W.2d 638 (Ct. App. 1998).