Evidence — extrinsic evidence

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Wisconsin Court of Appeals

Criminal

Evidence — extrinsic evidence

Mark Johnson appeals a judgment of conviction for possession of marijuana and bail jumping. He also appeals an order denying postconviction relief. Johnson argues the circuit court erred by admitting evidence that he possessed cocaine and marijuana on a previous occasion. He asserts the error is not harmless and he is entitled to a new trial. ¶2 We conclude the court erroneously admitted this evidence and the error is not harmless. We reverse Johnson’s conviction for possession of marijuana and remand for a new trial. Because the State concedes that a reversal on the marijuana possession conviction necessitates a reversal of the bail jumping conviction, we also reverse the bail jumping conviction and remand for a new trial. This opinion will not be published.

2011AP2673-CR State v. Johnson

Dist III, Barron County, Doyle, J., Peterson, J.

Attorneys: For Appellant: Cockerham, Nathan Miles, Superior; For Respondent: Berg, Russell E., Barron; Weber, Gregory M., Madison; Beranek, Angela L., Barron