District I/IV
December 5, 2013
To:
Hon. Timothy G. Dugan
Circuit Court Judge
Milwaukee County Courthouse
901 N. 9th St.
Milwaukee, WI 53233
John Barrett
Clerk of Circuit Court
Room 114
821 W. State Street
Milwaukee, WI 53233
Bradley J. Lochowicz
Seymour, Kremer, Koch, Lochowicz & Duquette
23 N. Wisconsin St.
P.O. Box 470
Elkhorn, WI 53121-0470
Karen A. Loebel
Asst. District Attorney
821 W. State St.
Milwaukee, WI 53233
Sally L. Wellman
Assistant Attorney General
P.O. Box 7857
Madison, WI 53707-7857
You are hereby notified that the Court has entered the following opinion and order:
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2012AP1152-CR |
State of Wisconsin v. Michael Angel Moreno, Jr. (L.C. # 2011CF3749) |
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Before Lundsten, Sherman and Kloppenburg, JJ.
Michael Moreno appeals a judgment of conviction. Based on our review of the briefs and record, we conclude at conference that this case is appropriate for summary disposition. See Wis. Stat. Rule 809.21 (2011-12).[1] We affirm.
Moreno moved to suppress evidence that was found on his person after arrest. He argues that police lacked probable cause for the arrest. The facts and applicable legal standards are not disputed. The circuit court held that probable cause for Moreno’s arrest existed once the police found cocaine in the vehicle of the person Moreno appeared to be associating with in the alley at that time. More specifically, the court held that there was probable cause to arrest Moreno for possession of the cocaine that was in the other person’s vehicle.
Moreno argues that the circuit court erred because the connection between Moreno and the cocaine in the other vehicle was weak. Based on the totality of circumstances, we disagree. The particularly relevant facts, as found by the court, were that Moreno and the vehicles were in an alley in a high crime area; Moreno and the other man appeared nervous; a third man who had been approaching them turned and departed upon seeing police; Moreno was found to be carrying a wad of cash approximately three inches thick and containing mostly twenty dollar bills; and drug dealers often work together with one carrying the money and the other drugs. This is sufficient to establish probable cause for arrest for possession of the cocaine as an aider and abettor under Wis. Stat. § 939.05(2)(b).
IT IS ORDERED that the judgment appealed from is summarily affirmed under Wis. Stat. Rule 809.21.
Diane M. Fremgen
Clerk of Court of Appeals