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STATE v. MITCHELL

No. 90-2474-CR.

163 Wis.2d 652 (1991)

473 N.W.2d 1

STATE of Wisconsin, Plaintiff-Respondent, v. Todd MITCHELL, Defendant-Appellant,

Court of Appeals of Wisconsin.

Decided June 5, 1991.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Bernard Goldstein of Goldstein & Kagen of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Paul Lundsten, assistant attorney general.

Before Nettesheim, P.J., Brown and Anderson, JJ.

BROWN, J.

Toddy Mitchell challenges the constitutionality of the "hate crimes" penalty enhancer law in Wisconsin, sec. 939.645, stats., claiming that it is vague and overbroad and violates equal protection principles. We hold that the statute clearly gives persons of ordinary intelligence fair notice of the conduct prohibited, provides standards for those who enforce the laws, and does not "chill" citizens from exercising protected constitutional freedoms. Thus, the...

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