MADISON, Wis. — The state Supreme Court says a law that declares killing someone while knowingly driving after license revocation is either a misdemeanor or a felony is constitutional.
Statutes say the crime can be charged as a misdemeanor punishable by a year in jail or a felony punishable by up to six years in prison.
Ernesto Villamil argued the law is ambiguous and unconstitutional after he was sentenced to prison for killing a person in a Waukesha County collision in 2012. Villamil knew his license had been revoked.
The Supreme Court ruled Thursday that the law provides fair notice that the crime could be a felony. Regardless, the justices ordered Villamil to be re-sentenced because the circuit judge didn’t consider all the factors in the crash.
Villamil’s attorney didn’t return a message.