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STATE v. RILEY

No. 91-1181-CR.

166 Wis.2d 299 (1991)

479 N.W.2d 234

STATE of Wisconsin, Plaintiff-Respondent, v. Quinn J. RILEY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 6, 1991.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Glenn L. Cushing, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and Ruth A. Bachman, assistant attorney general.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

EICH, C.J.

Quinn Riley appeals from a judgment convicting him of delivery of cocaine and possession of drugs without paying the requisite drug tax. The issue is whether the nonpayment and penalty tax assessed against Riley by the Wisconsin Department of Revenue under sec. 139.95, Stats.,1 for possession of controlled substances was punishment within the meaning of the double jeopardy clauses...

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