Wisconsin Court of Appeals
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.
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