State v. Sarlund

407 N.W.2d 544, 139 Wis. 2d 386, 1987 Wisc. LEXIS 677
CourtWisconsin Supreme Court
DecidedJune 19, 1987
Docket86-0194-CR
StatusPublished
Cited by3 cases

This text of 407 N.W.2d 544 (State v. Sarlund) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Sarlund, 407 N.W.2d 544, 139 Wis. 2d 386, 1987 Wisc. LEXIS 677 (Wis. 1987).

Opinions

LOUIS J. CECI, J.

This is an appeal from a decision of the circuit court for Dane county, Judge James C. Boll, accepted on the certification of the court of appeals, pursuant to sec. 808.05(2), Stats. The decision appealed from, which was entered by Judge Boll on December 12, 1985, vacated defendant James Sarlund’s conviction for violating an injunction which [388]*388was issued pursuant to sec. 813.125.1 Judge Boll vacated defendant’s conviction because he believed the statute to be unconstitutional.2 The sole issue [389]*389raised on appeal is: Is sec. 813.125, unconstitutionally vague and overbroad? We hold that it is constitutional, consistent with the reasoning articulated by this court in Bachowski v. Salamone, 139 Wis. 2d 397, 407 N.W.2d 533, also decided today. Accordingly, we reverse the decision of the circuit court which addressed the issue of the constitutionality of that statute and remand the cause to the trial court for further proceedings consistent with this decision.

I.

The facts giving rise to this case are summarized below. Defendant James Sarlund (Sarlund) met Julie Ramstad (Ramstad) in 1982, at a time when both were students at a junior college in Rock county. At the time the parties met, Sarlund was in his mid-twenties and was returning to school after an unsuccessful attempt to obtain a position with a professional football team.

Upon meeting Ramstad, Sarlund decided that he was the "right man” for her and thereafter began a campaign to get a date with her. To this end, Sarlund began to write love letters to Ramstad, in which he asked her for dates. Ramstad declined his overtures. Sarlund remained persistent, especially upon learning of rumors that Ramstad was romantically associated with men who he believed took advantage of her or otherwise treated her and spoke of her with disrespect. He also learned that some of Ramstad’s boyfriends were making unfavorable comments about [390]*390him. Sarlund is quoted as saying that the rumors he heard "didn’t stop me, because that made me more determined to prove [to Ramstad] that I was an all right guy.”

Thereafter, Sarlund became even more persistent than before. He continued to write letters to Ramstad. Sarlund used the letters as a vehicle to convince Ramstad that he was not a "loser” and that he could prove his worth to her if she would give him a chance. Sarlund also had an oil painting made of Ramstad (without her permission), repeatedly called her on the telephone, followed her and approached her at school, watched her house, met with her parents, contacted her employer, and threatened her dates. On one occasion, Sarlund was forcibly removed by the police from the home of one of Ramstad’s boyfriends. Ram-stad continued to resist Sarlund’s advances, and the two never became romantically involved. However, Sarlund claimed that Ramstad occasionally appeared at bars which he was known to frequent and on one occasion, she reportedly approached him and told him that he could call her, but that her parents advised her against becoming involved with Sarlund in any way. Sarlund apparently construed this statement as the reciprocation of his advances, but Ramstad continued to rebuff his offers, in no uncertain terms.

At the injunction hearing, Ramstad’s attorney stated that his client was hospitalized due to a nervous breakdown which was caused by Sarlund’s behavior. Ramstad also reportedly developed anorexia nervosa, again as a result of Sarlund’s behavior.

Subsequently, on May 22,1984, an injunction was issued by Rock county circuit court Judge Mark J. Farnum, enjoining Sarlund from contacting Ramstad, her parents, and the men with whom she associated. [391]*391The injunction was issued based on the existence of a violation of the harassment statute and was effective June 4, 1984, through June 4, 1986. Sarlund was informed of the penalties for noncompliance with the injunction.

Less than six months later, Sarlund initiated contact with Ramstad, writing her letters and sending her a bouquet of flowers which was accompanied by a note. A criminal complaint was issued in Dane county circuit court on November 20, 1984, and Sarlund was charged with five counts of violating the injunction.

Sarlund pled no contest to the first count contained in the complaint, pursuant to an agreement with the prosecution. That agreement provided that the remaining four counts would be read in for purposes of sentencing. The circuit court, Judge James C. Boll, accepted the plea, found Sarlund guilty of the first count, and dismissed the remaining counts. Judge Boll placed Sarlund on probation for eighteen months on the condition that he obtain counseling, pay a fine plus court costs, and cease all contact with Ramstad, her parents, and Ramstad’s acquaintances. The judgment of conviction was dated March 8, 1985.

Sarlund thereafter filed a post-conviction motion with the circuit court for Dane county, seeking to vacate the judgment of conviction. Sarlund asserted that the no-contest plea should be withdrawn because it was not knowingly and voluntarily made. The court granted Sarlund’s motion, reasoning that absent an affirmative showing that the defendant’s plea was understandingly made, it should be withdrawn. The parties present no arguments to this court regarding the aspect of Judge Boll’s decision dealing with the withdrawal of Sarlund’s no-contest plea. However, it is appropriate that this cause be remanded to the circuit [392]*392court so that a hearing may be held on the issue of whether Sarlund's plea was knowingly and voluntarily made. A hearing is necessary to ensure that the court's determination on this issue is made in accordance with recent decisions of this court.

The court next addressed the constitutionality of the harassment statute, finding it to be vague and overbroad. The court believed that the statute as written could be used to punish constitutionally protected speech or conduct. The court further found that the words ~harass or intimidate," contained in the statute, were not subject to a narrowing construction. It reached the same conclusion about the ~which serve no legitimate purpose" language contained in the statute. In addition, the court stated that the statute had a real and substantial deterrent effect on legitimate (though perhaps annoying and obnoxious) speech or conduct. Based on these findings, the trial court struck down the statute and, accordingly, vacated defendant's conviction. Final judgment was entered on December 12, 1985. The state filed a notice of appeal with the court of appeals on January 27, 1986. The appeals court requested that this court accept certification of the state's appeal on September 2, 1986, and the certification request was granted on September 16, 1986.

II.

Today, in Bachowski v. Salamone, this court upholds the constitutionality of sec. 813.125, Stats., finding that it is neither vague nor overbroad. The court also upholds the constitutionality of certain procedures which sec. 813.125 makes available for obtaining injunc- [393]*393tive relief against an individual who has allegedly violated the criminal harassment statute, sec. 947.013.3 We need not reiterate the principles which are articulated in Bachowski. Suffice it to say that the analysis used there renders Judge Boll's interpretation of the statute invalid.

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Related

Bachowski v. Salamone
407 N.W.2d 533 (Wisconsin Supreme Court, 1987)
State v. Sarlund
407 N.W.2d 544 (Wisconsin Supreme Court, 1987)

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Bluebook (online)
407 N.W.2d 544, 139 Wis. 2d 386, 1987 Wisc. LEXIS 677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sarlund-wis-1987.