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STATE v. JOHNSON

No. 84-144-CR.

121 Wis.2d 237 (1984)

358 N.W.2d 824

STATE of Wisconsin, Plaintiff-Respondent, v. Todd Michael JOHNSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 24, 1984.

Attorney(s) appearing for the Case

For the defendant-appellant, the cause was submitted on the briefs of Mary E. Waitrovich, assistant state public defender.

For the plaintiff-respondent, the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Douglas Haag, assistant attorney general.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

Todd Michael Johnson appeals from a judgment of conviction entered against him following a jury trial. Johnson was found guilty of firstdegree murder, armed burglary, and attempted armed burglary.

Upon appeal, Johnson contends that: (1) the prosecutor improperly commented on Johnson's failure to testify by noting to the jury that the opening statement given by Johnson himself was not evidence; (2) the circuit court lacked subject matter jurisdiction...

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