01-0472-CR State v. Nichols

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Patricia Nichols appeals from a judgment of conviction on 34 counts of failure to provide adequate food and drink to confined animals under Wis. Stat. sec. 951.13(1) (1999-2000), 34 counts of providing improper shelter and sanitation for animals under Wis. Stat. sec. 951.14(4), and from a subsequent denial of her postconviction motion. She asserts: (1) her counsel was ineffective, and (2) the evidence was insufficient to convict her under Wis. Stat. sec. 951.13(1) on counts one through 34.

Nichols argues that her trial counsel was constitutionally ineffective because he failed to call witnesses to refute the testimony of several veterinarians called by the State. Further, Nichols asserts that the evidence was insufficient to convict her because Wis. Stat. sec. 951.13(1) applies only when a defendant has failed to provide both food and drink to a confined animal.

Because trial counsel’s failure to call and examine witnesses at trial was not prejudicial to Nichols, and the evidence was sufficient to establish guilt, we affirm.

Not recommended for publication in the official reports.

Dist IV, Monroe County, Abbott, J., Dykman, J.

Attorneys:

For Appellant: Leonard D. Kachinsky, Neenah

For Respondent: Daniel Joseph Hellman, Sparta