STATE v. ELWARD

No. 2014AP2569-CR.

866 N.W.2d 756 (2015)

2015 WI App 51

STATE of Wisconsin, Plaintiff-Respondent, v. Garett T. ELWARD, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed May 20, 2015.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Dustin C. Haskell , assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Jeffrey A. Sisley , assistant district attorney, Port Washington.

Before BROWN, C.J., NEUBAUER, P.J. and REILLY, J.


¶ 1 In this case, we must decide whether a mandatory $200 DNA surcharge imposed on misdemeanants is an unconstitutional ex post facto violation given the facts at hand. We hold that, as applied to a distinct class of defendants, the law created an ex post facto punishment. The State concedes this point, but we have decided to write...

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