2009AP1370-CR State v. Rico

By: dmc-admin//March 8, 2010//

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1st-degree RES
Sufficiency of the evidence

Jacinto S. Rico appeals from a judgment entered after a jury rejected his theory of self-defense and found him guilty of one count of first-degree reckless injury for stabbing Timothy Lowe and one count of first-degree recklessly endangering safety for stabbing John Thrasher. Rico does not dispute that he stabbed Thrasher and Lowe. Rather, he claims the evidence was insufficient to support the jury's verdicts on his convictions for first-degree reckless injury and first-degree recklessly endangering safety. Specifically, Rico contends the evidence was insufficient to satisfy the element "under circumstances which show an utter disregard for human life." We disagree and affirm. This opinion will not be published.

2009AP1370-CR State v. Rico

Dist II, Fond du Lac County, Grimm, J., Per Curiam

Attorneys: For Appellant: LaZotte, Paul G., Madison; For Respondent: Weber, Gregory M., Madison; Kaminsky, Daniel, Fond du Lac

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