Criminal Procedure — ineffective assistance — PTAC instruction

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance — PTAC instruction

Jermaine Kennard Young was convicted of one count of possession with intent to deliver cocaine, in violation of Wis. Stat. § 961.41(1m)(cm)4. (2009-10), following a jury trial. Young appeals from the judgment of conviction and from the trial court’s order denying his postconviction motion for a new trial. He raises three issues on appeal. First, Young argues that the trial court erred in not suppressing the drug evidence because he was unlawfully stopped, searched and arrested. Second, he argues that the trial court erred in granting the State’s request for a party-to-a-crime (“PTAC”) jury instruction. Finally, he argues that his trial counsel was ineffective for failing to: (1) request a lesser-included jury instruction on simple possession; (2) ask for an entrapment jury instruction; and (3) file an Outlaw motion seeking the name of the confidential informant (“CI”). We reject each of his arguments and affirm. Not recommended for publication in the official reports.

2010AP2559-CR State v. Young

Dist I, Milwaukee County, Witkowiak, Ashley, JJ., Brennan, J.

Attorneys: For Appellant: Meyeroff, Robert N., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; St. John, Rebecca Rapp, Madison