Opinion
No. 2014AP744–CR.
2014-10-7
STATE of Wisconsin, Plaintiff–Respondent, v. Albert Lorenzo FINCH, SR., Defendant–Appellant.
Appeal from a judgment of the circuit court for Milwaukee County: Rebecca F. Dallet, Judge. Affirmed.
¶ 1 CURLEY, P.J.
Albert Lorenzo Finch, Sr., appeals the judgment convicting him of knowingly violating a domestic abuse injunction, contrary to Wis. Stat. §§ 813.12(4), 813.12(8)(a), and 968.075(1)(a) (2011–12). He contends that the trial court erred when it admitted at trial a recording of a 911 cell phone call by R.I., the woman who had obtained a domestic abuse injunction against him. Because the admission of the 911 recording is immaterial and irrelevant to the actual charge for which Finch was found guilty, and because there is ample other evidence supporting the conviction, any error resulting from the admission of the 911 call was harmless. Therefore, we leave for another day the determination of whether calls such as this one are testimonial, and the judgment is affirmed.
All references to the Wisconsin Statutes are to the 2011–12 version unless otherwise noted.
¶ 12 The jury chose to believe that Finch had knowledge of the injunction and found him guilty of violating it by contacting R.I. There is sufficient evidence to support the conviction. Given that the 911 call's admission was immaterial and irrelevant to whether Finch knew of the existence of the injunction, we leave for another day whether 911 calls such as the one here are testimonial.
Judgment affirmed.
This opinion will not be published. See Wis. Stat. RuleE 809.23(1)(b)4.