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STATE v. GRAYSON

No. 91-0756-CR.

172 Wis.2d 156 (1992)

493 N.W.2d 23

STATE of Wisconsin, Plaintiff-Respondent, v. Keith A. GRAYSON, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided December 15, 1992.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by John Allan Pray, Kate Kruse Livermore and Legal Assistance Program, University of Wisconsin Law School, Madison and oral argument by Mr. Pray.

For the plaintiff-respondent the cause was argued by David J. Becker, assistant attorney general, with whom on the briefs was James E. Doyle, attorney general.

STEINMETZ, J.

The issue in this case is whether charging an individual who continuously failed to pay court-ordered child support for the years 1986, 1987, 1988, and 1989, with four counts of felony nonsupport under sec. 948.22(2), Stats., one for each year, is multiplicitous and therefore impermissible.

We hold that sec. 948.22(2), Stats., permits a prosecutor to charge one count of felony nonsupport for each 120-day term a person fails to pay child support...

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