2010AP899-CR State v. Omot

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Maintaining a Drug Trafficking Place
Sufficiency of evidence

Cham Omot appeals the judgment of conviction entered upon a jury verdict finding him guilty of maintaining a drug trafficking place as party to the crime and possession with intent to deliver tetrahydrocannabinols (THC or marijuana) as party to the crime. He also appeals the circuit court’s order denying his motion for postconviction relief. Omot contends the evidence was insufficient to prove his guilt beyond a reasonable doubt for both crimes. In the alternative, he contends the circuit court erred in admitting certain evidence and this error was not harmless. We assume for purposes of our analysis on the sufficiency of the evidence that all the evidence was properly admitted. Even with this assumption, we conclude there is insufficient evidence to prove Omot’s guilt for either crime beyond a reasonable doubt. We therefore reverse both convictions and remand with instructions to enter a judgment of acquittal on each charge. Not recommended for publication in the official reports.

2010AP899-CR State v. Omot

Dist. IV, Dunn County, Stewart, J., Vergeront, P.J.

Attorneys: For Appellant: Wickman, Tyler William, Ashland; For Respondent: Losse, Michael J., Madison; Peterson, James M., Menomonie

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