State v. Bertrand

This is an appeal from a denial of a postconviction motion brought by David R. Bertrand under sec. 974.06, Stats. Bertrand interprets the hostage-taking statute, sec. 940.305, Stats., as requiring that the hostage be injured before a person can be convicted of a Class A felony and that the state must prove specific intent to inflict harm. He argues that the statute is unconstitutional because it is silent about intent, vague about the timing of injury, and violates equal protection by providing an identical penalty for defendants who injure their hostage and those who do not. We affirm. The…