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Appellate Procedure – Harmless Error – Defendant’s Prior Record

State v. Sylvester Sigarroa, 2004 WI App 16, PFR filed 1/2/04
For Sigarroa: John Pray, UW Law School

Issue/Holding: A witness’s improper reference to the defendant’s prior criminal history was not prejudicial, where the judge ordered it struck, gave the standard final instruction on ignoring all things stricken, and the evidence of guilt was overwhelming. ¶27.

Also see State v. Gary M.B., 2003 WI App 72 (test is reasonable possibility error contributed to conviction, ¶28, citing State v. Moore, 2002 WI App 245, ¶16, 257 Wis. 2d 670, 653 N.W.2d 276), affirmed, 2004 WI 3.

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