00-2724-CR State v. Lor

By: dmc-admin//August 27, 2001//

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Zong Lor appeals from a judgment convicting him of being a party to the crimes of first-degree reckless homicide by use of a dangerous weapon and attempted first-degree reckless injury by use of a dangerous weapon, and also from an order denying his motion for postconviction relief. He claims that counsel performed ineffectively by stipulating that a witness was unavailable at trial and that the ensuing admission of the witness’ preliminary hearing testimony was plain error.

We disagree with Lor’s theory of evidentiary error for the reasons discussed below. However, we modify the judgment of conviction to conform to the verdict actually rendered by the jury on the second count: party to the crime of first-degree recklessly endangering safety by use of a dangerous weapon.

This opinion will not be published.

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

Attorneys:

For Appellant: John J. Grau, Waukesha

For Respondent: Robert D. Donohoo, Milwaukee; Marguerite M. Moeller, Madison

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