00-2972-CR State v. Apel

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Terry A. Apel appeals judgments of conviction for homicide, attempted homicide, and conspiracy to commit homicide related to the death of Pamela Schultz, his fiancée’s daughter. Apel contends the trial court erred in denying his motions to suppress the evidence resulting from a warrantless search of Apel’s shed. In that search, a police officer discovered Pamela’s body and her mother, Renee Schultz, who was injured. Apel also contends the court erred in failing to instruct the jury on the defense of entrapment for the conspiracy charge.

We conclude that the facts known to the police officer at the time he searched the shed were sufficient to constitute the emergency rule exception to the Fourth Amendment search warrant requirement and, therefore, Apel’s motion to suppress evidence found in the shed was properly denied.

We also conclude that the record presented no evidence that Apel was not predisposed to commit the crime of conspiracy prior to law enforcement’s involvement and, therefore, the trial court properly exercised its discretion in declining to instruct the jury on an entrapment defense. Accordingly, we affirm.

Not recommended for publication in the official reports.

Dist IV, Dodge County, Bissonnette, J., Vergeront, P.J.

Attorneys:

For Appellant: T. Christopher Kelly, Madison

For Respondent: Patricia A. Ramirez, Juneau; William C. Wolford, Madison