Legal Opinion

State v. Heidke

Court of Appeals of Wisconsin

Decided June 28, 2016No. 2015AP1420-CRPublished

1Opinion of the CourtCurley, P.J.

¶ 1. James D. Heidke appeals the order emanating out of his conviction for violating Wis. Stat. § 948.075(lr) entered upon his guilty plea. The issue on appeal relates to the order denying his motion to dismiss the penalty enhancer found in Wis. Stat. § 939.617(1) (2013-14)1 and denying his request to declare § 939.617(1) unconstitutional, which the trial court entered prior to Heidke's plea. The aforementioned penalty enhancer set a mandatory minimum sentence of five years for his conviction of using a computer to facilitate a child sex crime contrary to Wis. Stat. § 948.075(lr). Heidke…

2Cases cited11 opinions

  1. State v. ColeWisconsin Supreme Court · 2003
  2. State v. AsfoorWisconsin Supreme Court · 1977
  3. State v. SmithWisconsin Supreme Court · 2010
  4. State v. JanssenWisconsin Supreme Court · 1998
  5. Treiber v. KnollWisconsin Supreme Court · 1987

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