(Download) "State Wisconsin v. Victor M. Bohacheff" by Supreme Court of Wisconsin # Book PDF Kindle ePub Free
eBook details
- Title: State Wisconsin v. Victor M. Bohacheff
- Author : Supreme Court of Wisconsin
- Release Date : January 04, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This appeal, on bypass from the court of appeals, is from an order of the circuit court for Waukesha county, Ness Flores, Circuit Judge, dismissing with prejudice the second count of a two-count criminal complaint commencing criminal prosecution against the defendant. The complaint charged the defendant with two counts of causing great bodily harm to another human being by operating a vehicle. The first count tracks sec. 940.25(1) (a), Stats. 1981-82, charging the defendant with being under the influence of an intoxicant while operating a vehicle. The second count tracks sec. 940.25(1) (b), charging the defendant with having a blood alcohol concentration of .10 percent or more while operating a vehicle. 1 The defendant filed a motion in the circuit court to dismiss the complaint on the ground that charging the defendant under both subsections (a) and (b) of sec. 940.25(1), Stats. 1981-82, violates the state 2 and federal 3 constitutional protections against double jeopardy. The circuit court ruled that charging both counts violates the double jeopardy provisions of the constitutions and dismissed the second count of the complaint with prejudice. We conclude that the complaint does not violate double jeopardy protections because the statute subjects the defendant to only one conviction and one punishment. We reverse the order of the circuit court and remand the matter to circuit court for proceedings not inconsistent with this opinion.