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STATE v. COOPER

No. 84-2201-CR.

127 Wis.2d 429 (1985)

380 N.W.2d 383

STATE of Wisconsin, Plaintiff-Respondent, v. Rodney J. COOPER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 21, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Steven D. Phillips, assistant state public defender.

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

Before Gartzke, P.J., Dykman, J., and Eich, J.

GARTZKE, P.J.

Rodney J. Cooper appeals from a judgment convicting him of attempted delivery of a controlled substance, cocaine, secs. 939.32(1), 939.05(1), 161.16(2)(b), 161.41(1)(b), Stats. The substance delivered was actually lidocaine, a noncontrolled substance. Cooper argues that nothing supports the inference that he believed the substance was cocaine, and therefore the evidence is insufficient to support his conviction. We affirm.

A guilty verdict will...

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