Legal Opinion

State v. Hubbard

Court of Appeals of Wisconsin

Decided November 27, 1996No. 96-0865-CRPublishedCited by 9 opinions

1Opinion of the CourtDeininger, J.

Hubbard appeals from a judgment convicting him of six counts of felony issuance of worthless checks, contrary to § 943.24(2), STATS. Hubbard claims that six of the charges are multiplicitous. He argues that the legislature intended that any number of worthless checks for less than $1,000 each issued within a fifteen-day period, regardless of their aggregate value so long as it exceeds $1,000, constitutes but one felony. We conclude, however, that the allowable unit of prosecution under § 943.24(2) is a group of checks having a total value of more than $1,000, and thus these charges are not…

2Cases cited16 opinions

  1. United States v. BroceSupreme Court of the United States · 1989
  2. Menna v. New YorkSupreme Court of the United States · 1975
  3. Novaton v. StateSupreme Court of Florida · 1994
  4. State v. RabeWisconsin Supreme Court · 1980
  5. Harrell v. StateCourt of Appeals of Wisconsin · 1979

11 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. KeltyWisconsin Supreme Court · 2006
  2. State v. RobinsonWisconsin Supreme Court · 2002
  3. State v. LaskyCourt of Appeals of Wisconsin · 2002
  4. State v. WarrenCourt of Appeals of Wisconsin · 1999
  5. State v. TrawitzkiCourt of Appeals of Wisconsin · 2000

4 more not listed; retrieve them via the Exa API.

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