State Wisconsin v. Larry C. Morris
1982.WI.206, 322 N.W.2D 264, 108 WIS. 2D 282
1995 United States Court of Appeals for the Second Circuit August Term
This book is available for download with iBooks on your Mac or iOS device, and with iTunes on your computer. Books can be read with iBooks on your Mac or iOS device.
This is an appeal from a judgment of conviction of one count of armed robbery and one count of concealing identity and from an order denying defendants motion to vacate the conviction on either one of the counts. The judgment and order were entered by the circuit court for Walworth county, James L. Carlson, Circuit Judge. The appeal was certified to this court by the court of appeals, sec. (Rule) 809.61, Stats. 1979-80, so that this court would determine whether sec. 946.62, Stats. 1979-80, defines a separate, independent, substantive offense of concealing identity or whether sec. 946.62 is a penalty-enhancer which permits augmented punishment beyond the maximum otherwise provided for a substantive offense. We hold that sec. 946.62, Stats. 1979-80, is a penalty enhancer. Accordingly we further hold that the defendant was erroneously convicted and sentenced on the charge of concealed identity and that the matter must be remanded to the circuit court for sentencing of the defendant on the conviction of armed robbery while identity was concealed.
- 0,99 €
- Category: Law
- Published: 02 July 1982
- Publisher: LawApp Publishers
- Print Length: 11 Pages
- Language: English