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STATE v. AUSTIN

No. 2012AP11-CR.

836 N.W.2d 833 (2013)

2013 WI App 96

STATE of Wisconsin, Plaintiff-Respondent, v. Langston C. AUSTIN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed July 30, 2013.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Andrew R. Hinkel , assistant state public defender of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of J.B. Van Hollen , attorney general and Michael C. Sanders, assistant attorney general.

Before CURLEY, P.J., FINE and KESSLER, JJ.

KESSLER, J.

¶ 1 Langston C. Austin appeals from a judgment of conviction, entered upon a jury's verdicts, on two counts of second-degree recklessly endangering safety. Austin also appeals from an order denying his motion for postconviction relief. We agree with Austin's fundamental argument that the jury was not properly instructed and, in the interests of justice, we reverse and remand the matter for a new trial.

BACKGROUND

¶ 2 On March...

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