2010AP563-CR & 2010AP1334-CR State v. Peralta

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Conspiracy
Overt act

Stating that the cocaine is ready for delivery is a sufficient overt act to support a conviction for conspiracy to distribute cocaine.

“Peralta’s statement that the cocaine was ready for delivery very strongly suggests that he performed some kind of act in order to procure the cocaine’s availability, especially in the instant case, where several days passed between the initial agreement and the conversation at issue. Furthermore, even if Peralta was lying when he told the detective that the cocaine was available, his act of communicating that the cocaine was ready was undoubtedly calculated to maintain the officer’s interest in the deal. Given the fact that there were follow-up phone calls and meetings after Peralta said the cocaine was ready, we know that his strategy to keep up the officer’s interest succeeded in furthering the conspiracy. See Routon, 304 Wis. 2d 480, ¶18.”

Affirmed.

Recommended for publication in the official reports.

2010AP563-CR & 2010AP1334-CR State v. Peralta

Dist. I, Milwaukee County, Martens, Ashley, JJ., Curley, J.

Attorneys: For Appellant: Pruhs, Martin J., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Freimuth, James M., Madison

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