State v. Miller

HIGGINBOTHAM, EJ.

¶ 1. The State appeals an order vacating James D. Miller's judgment of conviction for first-degree reckless injury while armed with a dangerous weapon, in violation of Wis. Stat. § 940.23(1) (2005-06),1 and aggravated battery while armed with a dangerous weapon, in violation of Wis. Stat. § 940.19(5). Because we conclude that the evidence was insufficient to convict Miller of first-degree reckless injury, we affirm the trial court's order vacating his conviction on this charge and remand for the trial court to enter a judgment of acquittal. However, we reverse the trial…