02-2084-CR State v. Mork

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Gary T. Mork was convicted by jury of operating a vehicle while intoxicated. A major part of the State’s evidence was a blood test showing Mork’s blood alcohol level to have been .175%. Mork’s defense was that the blood tested was not his blood and the chain of evidence was lacking to prove otherwise. He therefore objected that the test results were inadmissible, an objection which the trial court overruled. Towards the end of the trial, during rebuttal of the lab expert, the expert allowed as how a second test of Mork’s blood had been conducted, this test culminating in a .164% reading. On appeal, Mork claims that he did not know about the second test-thus violating discovery rules, that it never should have been mentioned to the jury and that it prejudiced his case because, had he known of the second test, he would have provided a different defense.

Because Mork has not convinced us that he was prejudiced, we affirm.

This opinion will not be published.

Dist II, Washington County, Gonring, J., Brown, J.

Attorneys:

For Appellant: Rex Anderegg, Milwaukee

For Respondent: Stephanie Hanson Mayne, West Bend