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2010AP1442-CR State v. Davis

Negligent Handling a Dangerous Weapon
Sufficiency of the evidence

Nakiea Davis appeals a judgment of conviction for misdemeanor endangering safety by negligent handling of a dangerous weapon and possession with intent to deliver between five and fifteen grams of cocaine, as party to a crime. He also appeals an order partially denying his postconviction motion. Davis argues there was insufficient evidence to convict him of either charge. We conclude the State presented insufficient evidence to convict Davis of negligent handling of a dangerous weapon, but presented sufficient evidence to convict him of the cocaine possession charge. We therefore direct the circuit court to enter a judgment of acquittal on the negligent handling of a dangerous weapon charge. This opinion will not be published.

2010AP1442-CR State v. Davis

Dist III, Marathon County, Cane, Howard, JJ., Per Curiam

Attorneys: For Appellant: Hintze, Donna L., Madison; For Respondent: Heimerman, Kenneth J., Wausau; Dietrich, Thomas E., Madison

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