State v. Mertes

The sole issue presented here, as in the trial court, is the constitutionality of the prostitution statute under which defendant was convicted. Three specific issues are presented in this challenge. They are:

1. Is the defendant limited to challenging only the section under which she was charged or can the entire statute be attacked?

2. What is the standard of review?

3. Applying this standard, is the statute in question constitutional ?

Challenge to entire statute.

Here the defendant was charged only under sub. (1) of sec. 944.30, Stats., and not under sub. (2). Sub. (1) refers to offering or…