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STATE v. WOLSKE

No. 87-0533-CR.

143 Wis.2d 175 (1988)

420 N.W.2d 60

STATE of Wisconsin, Plaintiff-Appellant and Cross-Respondent, v. Frederick J. WOLSKE, Defendant-Respondent and Cross-Appellant.

Court of Appeals of Wisconsin.

Decided January 20, 1988.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant and cross respondent, the cause was submitted on the briefs of Donald J. Hanaway, attorney general and Daniel J. O'Brien, assistant attorney general.

On behalf of the defendant-respondent and crossappellant, the cause was submitted on the brief of Daniel P. Fay of Law Firm of Daniel P. Fay, S.C., of Pewaukee.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

The major issue is whether a person may be charged, convicted and punished for both homicide by intoxicated operation of a motorboat and homicide by highly negligent operation arising out of the same incident. The trial court held that even though the intoxication and negligence charges were neither multiplicious, in the classic sense of the term, nor lesser included offenses, multiple punishment would be inappropriate. It thereupon dismissed...

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