Robbery — jury instructions — attempt

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Wisconsin Court of Appeals

Criminal

Robbery — jury instructions — attempt

Spencer R. Wnuk appeals from a judgment of conviction entered after a jury found him guilty of robbery and two counts of battery, all as a party to the crime, and from an order denying his postconviction motion for a new trial. Wnuk argues that he is entitled to a new trial in the interest of justice because the trial court erred in instructing the jury on: (1) the offense of robbery of the victim’s cell phone and (2) the lesser included offense of attempted robbery of the victim’s wallet. We conclude that the cell phone robbery instruction was supported by the evidence, and that any error in instructing the jury on the lesser offense of attempted robbery was harmless and did not prevent a full trial on the real controversy. Therefore, Wnuk is not entitled to a new trial in the interest of justice. This opinion will not be published.

2013AP777-CR State v. Wnuk

Dist II, Walworth County, Reddy, J., Per Curiam

Attorneys: For Appellant: Koesser, Hans P, Kenosha; For Respondent: Balistreri, Thomas J., Madison; Necci, Daniel A., Elkhorn