01-1594 State v. Albert

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A jury convicted Robert L. Albert of operating a motor vehicle with a prohibited blood-alcohol concentration of .10 percent. The jury also found him not guilty of operating a motor vehicle while under the influence of an intoxicant in connection with the same incident. He appeals from the judgment entered on the verdict of guilty, but mistakenly identifies it as being on the operating-while-under-the-influence charge. We ignore this scrivener’s error and decide the appeal on its merits.

Albert asserts two claims of trial-court error. First, he contends that the trial court should have granted a mistrial when a juror, Ronald D. Tischer, lied about telling someone during the trial that he was leaning towards finding Albert guilty. Second, he claims that the trial court erroneously exercised its discretion when it did not grant an adjournment because the State belatedly turned over discovery material.

We reverse on the first issue, and, accordingly, do not discuss the second.

This opinion will not be published.

Dist I, Milwaukee County, Ashley, J., Fine, J.

Attorneys:

For Appellant: Rex Anderegg, Milwaukee

For Respondent: Thomas J. McAdams, Milwaukee; Jeanette Kara Corbett, Milwaukee