01-0838-CR State v. Garner

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Terrance A. Garner appeals from a judgment entered after a jury found him guilty of first-degree reckless homicide, while using a dangerous weapon, as party to a crime. He also appeals from an order denying his postconviction motion. Garner claims: (1) his brother’s affidavit constitutes newly discovered evidence warranting a new trial; (2) he was denied the opportunity to present a defense; (3) the evidence was insufficient; and (4) he is entitled to a new trial in the interests of justice.

Because the trial court did not erroneously exercise its discretion when it determined that the affidavit did not constitute newly discovered evidence, because Garner was not denied the opportunity to present a defense, because the evidence was sufficient to uphold the conviction, and because there are no grounds upon which to grant a new trial in the interests of justice, we affirm.

This opinion will not be published.

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

Attorneys:

For Appellant: Timothy T. Kay, Brookfield

For Respondent: Robert D. Donohoo, Milwaukee; Joanne F. Kloppenburg, Madison