On Point: 9. Crimes

State v. Juan I. C., 2010AP3114, District 4, 7/21/11

court of appeals decision (1-judge, not for publication); for Juan I.C.: Susan E. Alesia, SPD, Madison Appellate; case activity

Credibility determination made by trial judge supported delinquency adjudication for theft of iPod that Juan borrowed but failed to return.

¶11      On the disputed issue of whether Juan repeatedly assured Max and JeVaughnte that he would either return the iPod or pay for it,

State v. Esteban M. Gonzalez, 2011 WI 63, reversing, 2010 WI App 104; for Gonzalez: Frank J. Schiro, Kristin Anne Hodorowski; case activity

Gonzalez has shown a reasonable likelihood that the jury instructions relived the State of its burden to prove the element that he knowingly exhibited harmful material to a child.

The facts are essentially undisputed: Gonzalez watched pornography while care-taking his 3-year-old daughter,

State v. Ryan Stefan Roberts, 2010AP2899, District 4, 6/30/11

court of appeals decision (1-judge, not for publication); for Roberts: Bruce J. Rosen, Susan C. Blesener; case activity

Request for preliminary breath test supported by probable cause, despite somewhat inconclusive field test results, in view of strong odor of alcohol emitted by Roberts along with his admission of drinking. County of Jefferson v. Renz,

State v. James Thomas Morton, 2010AP2041-CR, District 1, 6/28/11

court of appeals decision (not recommended for publication); for Morton: Carl W. Chessir; case activity

Evidence that Morton told an undercover officer to put her money on the kitchen table, and that “what you came for is right here,” supported conviction for delivery of the controlled substance the officer found on the table.

¶13      “[A] constructive transfer need not be hand to hand.  

State v. Keith A. Stich, 2010AP2849-CR, District 2, 6/22/11

court of appeals decision (1-judge, not for publication); for Stich: Andrew Joseph Burgoyne; case activity

Stich’s failure to heed an officer’s instruction to stop – instead, Stich walked away and into his house and encouraged his companion Lidbloom to do likewise – established the crime of obstructing. The police were investigating an earlier incident, and “Stich’s actions, which delayed the deputies’ ability to question Lidbloom,

State v. Rodney A. Larson, 2011 WI App 106 (recommended for publication); for Larson: Chris Gramstrup; case activity

Prosecution for attempt rather than completed crime, §939.32, comes within the general limitation period in § 939.74(1). Therefore, although prosecution for homicide may be commenced at any time, § 939.74(2)(a), Larson’s prosecution for attempted first-degree intentional homicide had to be commenced within 6 years, and must be dismissed as untimely.

State v. Francis A. Malsbury, 2010AP3112-CR, District 2, 6/8/11

court of appeals decision (1-judge, not for publication); for Malsbury: Andrew R. Walter; case activity

Prior conviction, in Washington state in 1999 for reckless driving amended from driving under the influence, qualified as a prior OWI and therefore subjected Malsbury to criminal prosecution.

¶7        We hold that Malsbury’s Washington reckless driving conviction counts as a prior conviction for purposes of Wisconsin’s accelerated OWI penalty structure.  

County of Brown v. Eric J. Schroeder, 2010AP2967, District 3, 6/7/11

court of appeals decision (1-judge, not for publication); for Schroeder: Dennis M. Melowski, Dennis M. Melowski; case activity

Following OWI arrest and blood test result over the limit, Schoeder’s license was administratively suspended. The police, however, failed to provide him with the form explaining the suspension review process, contrary to § 343.305(8)(am). Schroeder argues that this omission causes a loss of presumptive reliability of the blood test (which allows admission into evidence without expert testimony).

State v. Roshawn Smith, 2010AP1192-CR, District 3, 5/26/11, aff’d and rev’d, 2012 WI 91

court of appeals decision (not recommended for publication), aff’d in part, rev’d in part, 2012 WI 91; for Smith: William E. Schmaal, SPD, Madison Appellate; case activity

Evidence held sufficient to support guilty verdict, § 961.41(1m)(h)5., ptac: after agreeing to accept packages (which turned out to contained marijuana),

City of Sun Prairie v. Michael H. Smith, 2010AP2607, District 4, 5/26/11

court of appeals decision (1-judge, not for publication); for Smith: Tracey A. Wood; case activity

¶9        Wisconsin Stat. § 343.305(5)(a) imposes the following obligations on law enforcement: “(1) to provide a primary test at no charge to the suspect; (2) to use reasonable diligence in offering and providing a second alternate test of its choice at no charge to the suspect;