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STATE v. LONG

No. 01-1147-CR.

255 Wis.2d 729 (2002)

2002 WI App 114

647 N.W.2d 884

STATE of Wisconsin, Plaintiff-Respondent, v. Tito J. LONG, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 24, 2002.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Ann T. Bowe of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and James M. Freimuth, attorney general.

Before Nettesheim, P.J., Brown and Anderson, JJ.

¶ 1. BROWN, J.

Tito J. Long opened fire in a crowded bar, resulting in a conviction of first-degree intentional homicide, party to a crime, while using a dangerous weapon and ten counts of recklessly endangering safety. He argues that evidence of gang affiliation is only admissible if the State's theory of the case is that the crime was gang-related. Because this was not a gang-related crime, Long argues that the gang-affiliation evidence was irrelevant and prejudiced...

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