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STATE v. PENCE

No. 88-1711-CR.

150 Wis.2d 759 (1989)

442 N.W.2d 540

STATE of Wisconsin, Plaintiff-Respondent, v. Dustin C. PENCE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 10, 1989.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, there were briefs by Jeffrey A. Kaufman and Marna M. Tess-Mattner of Gimbel, Reilly, Guerin & Brown of Milwaukee. There was oral argument by Marna M. Tess-Mattner.

On behalf of the plaintiff-respondent, there was a brief by Donald J. Hanaway, attorney general, and Maureen McGlynn, assistant attorney general. There was oral argument by Maureen McGlynn, assistant attorney general.

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

SCOTT, C.J.

Dustin Pence appeals his conviction for delivery of a controlled substance. He argues that the trial court improperly concluded that evidence of his two subsequent refusals to sell drugs was irrelevant. We agree and reverse the conviction. The cause is remanded for the trial court to determine admissibility under sec. 904.03, Stats.

Pence was charged with selling approximately twenty-one grams of marijuana...

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