2010AP1192-CR State v. Smith

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Narcotics
Weight; right to jury trial

Roshawn Smith appeals the judgment of conviction for possession with intent to deliver more than 10,000 grams of tetrahydrocannabinol (THC) as party to the crime. He also appeals the circuit court’s order denying his motion for postconviction relief. Smith contends that the evidence was insufficient to prove his guilt beyond a reasonable doubt and that he was denied his right to a jury trial on the weight element of the crime. We conclude there was sufficient evidence presented at trial. However, we agree with Smith that he did not waive his right to a jury trial on the weight element of the crime and the circuit court therefore erred when it answered the verdict question. Accordingly, we reverse the conviction and remand to the circuit court for further proceedings. Not recommended for publication in the official reports.

2010AP1192-CR State v. Smith

Dist III, Brown County, Bischel, J., Vergeront, P.J.

Attorneys: For Appellant: Schmaal, William E., Madison; For Respondent: Wellman, Sally L., Madison; Zakowski, John P., Green Bay

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