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01-0499-CR State v. McCoy

By: dmc-admin//October 15, 2001//

01-0499-CR State v. McCoy

By: dmc-admin//October 15, 2001//

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Bernard J. McCoy appeals from a judgment entered on a jury verdict finding him guilty of delivery of fewer than five grams of cocaine, within 1,000 feet of a school, as party to a crime. He also appeals from the trial court’s order denying his motion for postconviction relief. He claims that he was denied a fair trial when the trial court engaged in an extended colloquy with prospective jurors about the negative impact of drugs on the community. We agree and reverse for a new trial. He also claims that the trial court imposed a sentence that is unduly harsh, claiming that it is based upon an improper factor and was more severe than the sentence of a co-defendant.

In light of our resolution of the first claim of trial court error, we will not discuss the sentencing issue.

This opinion will not be published.

Dist I, Milwaukee County, Schellinger, J., Per Curiam

Attorneys:

For Appellant: Charles B. Vetzner, Madison

For Respondent: Robert D. Donohoo, Milwaukee; James M. Freimuth, Madison

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