00-2897-CR State v. Spiller

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Jerjuan D. Spiller appeals from a judgment of conviction and an order denying postconviction relief after a jury found him guilty of: two counts of kidnapping, two counts of first-degree sexual assault, two counts of armed robbery, and exposing a sex organ, all as party to a crime. Spiller claims that: (1) the trial court erred when it summarily denied his postconviction motion alleging ineffective assistance of counsel; (2) the trial court erroneously exercised its discretion when it denied his motion for a mistrial; and (3) he is entitled to a discretionary reversal under Wis. Stat. sec. 752.35 because the real controversy was not fully and fairly tried.

Because Spiller’s postconviction motion failed to allege sufficient facts to warrant a Machner hearing on his ineffective assistance claim, because the trial court did not erroneously exercise its discretion when it denied his motion for a mistrial, and because he is not entitled to a discretionary reversal, we affirm.

This opinion will not be published.

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

Attorneys:

For Appellant: Edward J. Hunt, Milwaukee

For Respondent: Robert D. Donohoo, Milwaukee; Daniel J. O’Brien, Madison