Legal Opinion

State v. FORTUN

Court of Appeals of Wisconsin

Decided January 14, 2010No. 2009AP1172-CRPublished

1Opinion of the CourtLundsten, J.

¶ 1. Rene Fortun altered a drug prescription and presented it to a pharmacist. She altered the quantity of pills from 60 to 120. The question on appeal is whether the drug prescription from her doctor is a writing that creates "legal rights" within the meaning of the forgery statute, Wis. Stat. § 943.38(l)(a) (2007-08). The circuit court answered that question no and, therefore, dismissed a forgery charge against Fortun. We conclude the answer is yes. We therefore reverse the circuit court's order and remand with directions to reinstate the charge.

Background

¶ 2. The complaint in this case…

2Cases cited7 opinions

  1. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  2. State v. WhiteWisconsin Supreme Court · 1980
  3. MacK v. StateWisconsin Supreme Court · 1980
  4. State v. WilkeCourt of Appeals of Wisconsin · 1989
  5. State v. PerryCourt of Appeals of Wisconsin · 1997

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