01-1140-CR State v. Petersen

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Mark R. Petersen appeals pro se from a judgment convicting him after a jury trial of possession of tetrahydrocannabinols (marijuana) with intent to deliver within 1000 feet of a park. On appeal, he challenges the circuit court’s refusal to suppress evidence found in his girlfriend’s apartment after she consented to the search. We uphold the circuit court. Petersen also seeks a new trial because he did not receive adequate notice of the charge against him when the circuit court amended the information after the jury was sworn to clarify that Petersen was alleged to have committed the drug offense within 1,000 feet of a park, not a school. We conclude that Petersen had adequate notice that the State alleged his proximity to a park, and he was not prejudiced by the amendment of the information.

Affirmed.

This opinion will not be published.

Dist II, Winnebago County, Haase, J., Per Curiam

Attorneys:

For Appellant: Mark R. Petersen, Boscobel

For Respondent: Stephen W. Kleinmaier, Madison; Joseph F. Paulus, Oshkosh