State v. Quiroz

The state of Wisconsin appeals from an order dismissing a criminal complaint against Nilda Quiroz for escape, contrary to sec. 946.42(3)(a), Stats. The trial court held that the criminal action against Quiroz was barred under the fifth amendment double jeopardy clause because Quiroz had already been punished for the escape when her mandatory release date was extended by the prison disciplinary committee. Relying on State v. Killebrew, 115 Wis. 2d 243, 340 N.W.2d 470 (1983), we conclude the criminal proceeding against Quiroz is not barred by double jeopardy considerations despite the prison…