01-1760-CR State v. Culver

By: dmc-admin//April 8, 2002//

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Kurt G. Culver appeals from a judgment of conviction for possession with intent to deliver marijuana (500 grams or less) and an order denying his motion for postconviction relief. Culver argues that he received ineffective assistance of counsel when his trial attorney failed to request the submission of a lesser-included offense. We conclude that the trial court’s findings about trial counsel’s and Culver’s discussions, or lack thereof, regarding the submission of a lesser-included offense are too speculative and imprecise to resolve this issue.

We therefore reverse the order of the trial court and remand this matter to the trial court for proceedings consistent with this opinion.

Not recommended for publication in the official reports.

Dist II, Winnebago County, Schmidt, J., Snyder, J.

Attorneys:

For Appellant: William E. Schmaal, Madison

For Respondent: Joseph F. Paulus, Oshkosh; James M. Freimuth, Madison

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