Criminal Procedure – discovery — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure – discovery — ineffective assistance

Eric Dominique Lesueur appeals the judgment entered after a jury found him guilty on seven counts of second-degree recklessly endangering safety, while armed, and possessing a firearm although a felon, see Wis. Stat. §§ 941.30(2), 939.63 & 941.29(2)(a). He also appeals the order denying his motion for postconviction relief. Lesueur claims: (1) the prosecutor violated discovery orders by not giving him a CD recording of the police interview of Darrell Nicholson, Sr. (a victim and State witness) until the second day of trial; (2) his trial lawyer gave him constitutionally deficient representation by not asking for the CD recording; and (3) the trial court erroneously exercised its discretion by letting a State witness, Anthony Vaughn, testify that he had two prior convictions when he actually had three. We affirm. Publication in the official reports is not recommended.

2011AP1550-CR State v. Lesueur

Dist I, Milwaukee County, McMahon, Dallet, JJ., Fine, J.

Attorneys: For Appellant: Donovan, Christopher, Milwaukee; For Respondent: Kassel, Jeffrey J., Madison; Loebel, Karen A., Milwaukee