2009AP1134-CR State v. Robinson

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1st-degree Reckless Homicide
Lesser included offenses

Dominique D. Robinson, pro se, appeals from a judgment of conviction and order denying postconviction relief. Robinson was charged with several crimes, including first-degree reckless homicide, while armed. A jury found Robinson guilty of the lesser-included offense of first-degree recklessly endangering safety, while armed. Most of Robinson’s appellate arguments hinge on whether the circuit court erred when it instructed the jury on the lesser-included offense of first-degree recklessly endangering safety, while armed. Robinson also contends that the circuit court erroneously exercised its discretion when it imposed the maximum sentence. Because first-degree recklessly endangering safety, while armed, is a lesser-included offense of first-degree reckless homicide, while armed, we reject Robinson’s challenges to the jury’s verdict. Because Robinson did not include a challenge to the sentence in his postconviction motion, we do not consider that issue. We affirm the judgment of conviction and postconviction order. This opinion will not be published.

2009AP1134-CR State v. Robinson

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

Attorneys: For Appellant: Robinson, Dominique D., pro se; For Respondent: Loebel, Karen A., Milwaukee; Wren, Christopher G., Madison

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