Legal Opinion
State v. Hermann
Court of Appeals of Wisconsin
Decided August 14, 1991No. 90-2252-CRPublishedCited by 18 opinions
1Opinion of the CourtScott, J.
Fred L. Hermann was convicted of two counts of delivery of a controlled substance and two counts of delivery of a controlled substance, party to a crime, all within 1,000 feet of school premises. He was sentenced to five years' imprisonment on each count, to run concurrently.
On appeal, Hermann argues that, for several reasons, he merits resentencing. He contends the state should have been made to prove that he knew he was within 1000 feet of a school when committing the offenses; that sec. 161.49, Stats., is unconstitutional; and that the trial court erred in sentencing him under the…
2Cases cited15 opinions
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Harmelin v. MichiganSupreme Court of the United States · 1991
- Tot v. United StatesSupreme Court of the United States · 1943
- Hutto v. DavisSupreme Court of the United States · 1982
- State v. McManusWisconsin Supreme Court · 1989
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. OlsonWisconsin Supreme Court · 1993
- Reginald D. v. StateWisconsin Supreme Court · 1995
- State v. MaldonadoSupreme Court of New Jersey · 1994
- State v. QuintanaWisconsin Supreme Court · 2008
- Dawson v. StateCourt of Appeals of Maryland · 1993
13 more not listed; retrieve them via the Exa API.