State v. Hansen

¶ 1. This case is before us on certification from the court of appeals pursuant to Wis. Stat. (Rule) § 809.61 (1997-98). The defendant, Colleen E. Hansen (Hansen), asserts that Wis. Stat. § 961.45 (1995-96)1 bars a state prosecution under Chapter 961 for the same conduct upon which a prior federal conviction is based. We agree and conclude that her prosecution for the state crime of possession of cocaine with intent to deliver is barred by § 961.45, because a prior federal conviction based on *331the same conduct constitutes a conviction for the "same act" under § 961.45.2 Accordingly, we reverse…