By: dmc-admin//October 29, 2001//
Matthew Zei appeals a judgment convicting him of theft by a contractor and an order denying his postconviction motion. Zei argues that his trial counsel was ineffective because he urged Zei not to testify and that this court should grant a new trial in the interest of justice because the true controversy was not fully tried due to his failure to testify. Because Zei’s testimony would not have established a defense, we conclude that he was not prejudiced by his counsel’s advice and that the true controversy was fully and fairly tried.
Affirmed.
This opinion will not be published.
Dist III, Door County, Diltz, J., Per Curiam
Attorneys:
For Appellant: Michael J. Backes, Milwaukee
For Respondent: Christopher G. Wren, Madison; Timothy W. Funnell, Sturgeon Bay