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Theft – conspiracy — sufficiency of the evidence

By: WISCONSIN LAW JOURNAL STAFF//March 13, 2012//

Theft – conspiracy — sufficiency of the evidence

By: WISCONSIN LAW JOURNAL STAFF//March 13, 2012//

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Wisconsin Court of Appeals

Criminal

Theft – conspiracy — sufficiency of the evidence

Where a prisoner made over 300 phone calls using burn-out phone lines, the evidence was sufficient to convict him of conspiracy to commit theft.

“In Steffes’ case, there was ample evidence for the jury to convict him of conspiracy to commit theft of property by fraud. As noted, the State submitted numerous recordings and other documents implicating Steffes. For example, the recordings of various calls from the prison involving Steffes not only discussing the burn-out scheme, but also instructing others on how to conduct the scheme, were played for the jury. Additionally, Agent Drazkowski submitted letters written by Howard to Steffes discussing the scheme and instructing Steffes what to do regarding the use of specific burn-out lines. In total, Steffes made over 300 calls using burn-out phone lines, totaling over 6500 minutes of talk time and, as will be discussed further infra, over $26,000 of value in applied electricity. This evidence was sufficient to establish that Steffes: (1) intended to steal and use phone services that did not belong to him via fraudulent means; (2) agreed with ‘at least one other person to commit the crime;’ and (3) performed acts ‘in furtherance of the conspiracy.’ See Routon, 304 Wis. 2d 480, ¶18; WIS JI—CRIMINAL 570; West, 214 Wis. 2d at 476.

Affirmed.

Recommended for publication in the official reports.

2011AP691-CR State v. Steffes

Dist. I, Milwaukee County, Donegan, J., Curley, J.

Attorneys: For Appellant: Jensen, Jeffrey W., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; O’Brien, Daniel J., Madison

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