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STATE v. CHVALA

No. 03-0442-CR.

271 Wis.2d 115 (2004)

2004 WI App 53

678 N.W.2d 880

STATE of Wisconsin, Plaintiff-Respondent, v. Charles CHVALA, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 12, 2004.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James A. Olson, Dixon R. Gahnz and John C. Carlson, Jr. of Lawton & Cates, S.C., Madison. There was oral argument by Frank Gimbel, Stephen Meyer, James Olson, and Stephen Morgan.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Jennifer E. Nashold, Barbara L. Oswalk, attorneys general, and Peggy A. Lautenschlager, attorney general. There was oral argument by Jennifer Nashold.

Before Vergeront, Higginbotham and Anderson, JJ.

¶ 1. HIGGINBOTHAM, J.

Charles Chvala, a senator in the Wisconsin Legislature, appeals a circuit court order denying his motion to dismiss Counts Seven through Ten of a criminal complaint, all charging him with felony misconduct in office, in violation of WIS. STAT. § 946.12(3).1 Chvala contends § 946.12(3)2 is unconstitutionally vague and overbroad...

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