Sufficiency of Evidence

By: Derek Hawkins//August 9, 2017//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Deonta L. Benton

Case No.: 2016AP694-CR

Officials: Lundsten, P.J., Sherman and Blanchard, JJ.

Focus: Sufficiency of Evidence

Deonta Benton was tried and convicted of felony murder and first-degree recklessly endangering safety, both as a party to the crime. He contends that he is entitled to reversal with no possibility of retrial as to his felony murder conviction because the evidence was insufficient when measured against the factual theory of the case incorporated into part of the felony murder jury instruction as read to the jury just before deliberations. Benton also contends that he is entitled to a new trial on both counts because the prosecutor, over Benton’s objection, presented inadmissible hearsay indicating that Benton threatened one of the State’s key witnesses. We reject both arguments and affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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