SCHROEDER v. STATE

No. 77-386-CR.

90 Wis.2d 604 (1979)

280 N.W.2d 352

SCHROEDER, Plaintiff in error, v. STATE, Defendant in error.

Court of Appeals of Wisconsin.

Decided May 31, 1979.


Attorney(s) appearing for the Case

For the plaintiff-in-error, the cause was submitted on the briefs of Mark Lukoff, first assistant state public defender, with whom on the brief was Howard B. Eisenberg, state public defender, and a brief by Frederick W. Schroeder, pro se.

For the defendant-in-error the cause was submitted on the briefs of Thomas J. Balistreri, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

Before Decker, C.J., Cannon, P.J., and Moser, J.


DECKER, C.J.

Schroeder contends, with respect to the first issue, that sec. 946.62, Stats.,1 prohibiting the commission of a crime with concealed identity intended to prevent identification, is a "penalty enhancer" and not a substantive crime. The significance of Schroeder's contention is that that statutory rule of accomplice liability, sec. 939.05, Stats., is applicable to a substantive crime but not a penalty enhancer. State v. Charbarneau...

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