George Johnson appeals a judgment convicting him of two counts of incest with his adult daughter, M.J. Johnson’s defense asserted that she was not his daughter or that he did not know she was his daughter. The State proved those elements by her testimony, statements he made to the police, a birth certificate and the results of a DNA test. Johnson argues that (1) the DNA test was not admissible because the State failed to give written notice of its intent to introduce that evidence at least forty-five days before the trial date as required by Wis. Stat. § 972.11(5);1 (2) the State’s expert witness did not establish sufficient foundation for his expertise; (3) Johnson’s trial counsel was ineffective for failing to cross-examine the State’s expert regarding his credentials and the validity of the DNA test for Native Americans; and (4) admission of the DNA test results was plain error and grounds for a new trial in the interest of justice.
We reject these arguments and affirm the judgment.
This opinion will not be published.
Dist III, Shawano County, Grover, J., Per Curiam
For Appellant: Ryan D. Lister, Wausau
For Respondent: Gary R. Bruno, Shawano; James M. Freimuth, Madison