State v. Smith

WEDEMEYER, EJ.

¶ 1. Jermaine Smith appeals from a judgment entered after a jury found him guilty of one count of first-degree intentional homicide, while armed, contrary to Wis. Stat. § 940.01(l)(a) (2003-04). He claims the trial court erred in permitting the State to introduce out-of-court statements of a co-actor for the purpose of rebutting out-of-court statements introduced by the defense. Because the trial court did not erroneously exercise its discretion in allowing the proffered evidence, we affirm.

BACKGROUND

¶ 2. On November 21, 2002, Smith and two fellow gang members, Willie Nunn and…