Sufficiency of Evidence

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. August D. Genz

Case No.: 2016AP2475-CR

Officials: Stark, P.J., Hruz and Seidl, JJ

Focus: Sufficiency of Evidence

August Genz was convicted of possession with intent to deliver amphetamine and conspiracy to deliver tetrahydrocannabinols (THC). Genz appeals only his conviction for conspiracy to deliver THC, arguing there was insufficient evidence to convict him of that count. The State contends this appeal is moot because Genz has served his sentence. According to the State, vacating the conviction will have no effect and, furthermore, the exceptions to the rule of mootness do not apply. Alternatively, the State argues the evidence was sufficient to support Genz’s conviction on the conspiracy count.

We conclude this appeal is not mooted by the fact that Genz already served his sentence, because the possibility of vacating a felony conviction is not an abstract question but rather a question that implicates Genz’s rights going forward. We further conclude that, pursuant to our supreme court’s decision in State v. Smith, 189 Wis. 2d 496, 525 N.W.2d 264 (1995), there was insufficient evidence for the jury to convict Genz of conspiracy to deliver THC. We therefore reverse the judgment as to Genz’s conviction for conspiracy to deliver THC and remand with directions to issue an amended judgment of conviction.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.