Opinion
No. 2013AP358–CR.
2013-10-15
STATE of Wisconsin, Plaintiff–Respondent, v. Mark Alan SPERBER, Defendant–Appellant.
Accordingly, the jury was told, “Read 2670 in its entirety.” (Emphasis added.) First, we observe the State's references to Sperber knowing he struck the victim are ambiguous as to timing. More importantly, the State explicitly focused the jury's attention on the irrelevant fact that Sperber did not contact police “even after the collision.” Thus, the State's “theory of prosecution” was at least as likely to confuse or mislead the jury as it was to properly guide it.