00-2840-CR State v. Key

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Ronald K. Key appeals his conviction for theft and an order denying his postconviction motions. He claims that his conviction should be overturned because the State failed to give him sufficient notice of what conduct violated sec. 943.20(1)(b) and because he was denied his right to a unanimous jury verdict. Assuming, arguendo, that the State failed to give him sufficient notice, we nevertheless conclude that the failure was harmless error because no reasonable possibility exists that the error contributed to his conviction. Furthermore, we conclude that Key was not denied his right to a unanimous jury verdict because the jury could have found him guilty based on only one method of committing theft as proscribed by sec. 943.20(1)(b). Therefore, we affirm the judgment and order of the circuit court. Not recommended for publication in the official reports.

00-2840-CR State v. Key

Dist IV, Crawford County, Van De Hey, J., Roggensack, J.

Attorneys:

For Appellant: Howard B. Eisenberg, Milwaukee

For Respondent: Jeff P. Brinckman, Prairie du Chien; William C. Wolford, Madison