1st-degree reckless homicide — sufficiency of the evidence — delivery of heroin

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Wisconsin Court of Appeals

Criminal

1st-degree reckless homicide — sufficiency of the evidence — delivery of heroin

Mitchell Perner appeals a judgment of conviction for first-degree reckless homicide, as a repeater, for delivery of a fatal dose of heroin to his girlfriend, Shelby Perkins. Perner also appeals the denial of a postconviction motion. He argues that the evidence was insufficient to establish a “delivery” because he and Perkins “simultaneously acquired possession” of the heroin for their joint use. He also requests a new trial in the interest of justice because the jury was not instructed “that there is no transfer or delivery between joint possessors of heroin.” Finally, Perner argues that his trial counsel was ineffective for failing to cross-examine the heroin dealer about the fact that he had been granted immunity for his testimony, and failing to request a jury instruction to that effect. We reject Perner’s arguments and affirm the judgment of conviction and the order denying postconviction relief. This opinion will not be published.

2012AP2447-CR State v. Perner

Dist IV, La Crosse County, Levine, J., Per Curiam

Attorneys: For Appellant: Edwards, Suzanne, Dodgeville; For Respondent: Kassel, Jeffrey J., Madison; Barton, Brian K., La Crosse