State v. Beamon

NEUBAUER, PJ.

¶ 1. Courtney C. Beamon appeals his conviction for fleeing or eluding an officer, *441contrary to Wis. Stat. § 346.04(3) (2009-10),1 as a habitual criminal. Beamon contends that there was insufficient evidence to prove beyond a reasonable doubt that he was guilty of fleeing or attempting to elude an officer based on the instructions provided to the jury. It is undisputed that the instructions erroneously required an additional finding of fact not essential to the offense. Thus, the issue on appeal is whether this legally inaccurate instruction becomes the law of the case for purposes…