2010AP2582-CR State v. Fields

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Criminal Procedure
Exculpatory evidence

Antwon Fields appeals a judgment convicting him of second-degree sexual assault of an unconscious person and second-degree sexual assault by intercourse without consent and by use or threat of force or violence. He also appeals an order denying his postconviction motion to vacate the convictions on the ground that the State failed to take pictures of text message he exchanged with the victim after the assault. He claims these messages were “apparently exculpatory,” and the police allowed these messages to be destroyed after merely transcribing some of them rather than taking pictures of them. Because we conclude that these messages were not “apparently exculpatory” and Fields could have accessed them through reasonably available alternate means, we affirm the judgment and order. This opinion will not be published.

2010AP2582-CR State v. Fields

Dist III, Brown County, Zuidmulder, J., Per Curiam

Attorneys: For Appellant: Kachinsky, Leonard D., Appleton; For Respondent: O’Brien, Daniel J., Madison; Zakowski, John P., Green Bay

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