Felony Bail Jumping — sufficiency of the evidence

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Wisconsin Court of Appeals

Criminal

Felony Bail Jumping — sufficiency of the evidence

Adrian Castaneda appeals the judgment convicting him of felony bail jumping and misdemeanor battery, contrary to Wis. Stat. §§ 946.49(1)(b) and 940.19(1) (2009-10). Castaneda argues that his felony bail jumping conviction should be reversed because the State failed to prove all the elements of felony bail jumping. Castaneda also argues that he is entitled to a new trial on the misdemeanor battery offense in the interest of justice, and argues that the trial court erred in denying his postconviction motion, which alleged that Castaneda’s trial attorney was ineffective, without an evidentiary hearing. Because we agree that the State failed to prove one of the elements of felony bail jumping—specifically, that Castaneda was previously charged with a felony—we reverse the felony bail jumping conviction and remand to the trial court with directions to enter a judgment of acquittal. As for the misdemeanor battery conviction, we are satisfied that the controversy was fully tried and that the trial court did not err in denying Castaneda’s postconviction motion without a hearing; consequently, we affirm that conviction. Not recommended for publication in the official reports.

2012AP1596-CR State v. Castaneda

Dist I, Milwaukee County, Donegan, Moroney, JJ., Curley, P.J.

Attorneys: For Appellant: Stewart Martin, Trisha R., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Tarver, Sandra L., Madison