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GATES v. STATE

No. 79-222-CR.

91 Wis.2d 512 (1979)

283 N.W.2d 474

GATES, Plaintiff in error, v. STATE, Defendant in error.

Court of Appeals of Wisconsin.

Decided August 21, 1979.

Attorney(s) appearing for the Case

For the plaintiff in error, there were briefs by Richard L. Cates, state public defender and Steven P. Weiss, assistant state public defender, with oral argument by Steven P. Weiss.

For the defendant in error, there was a brief by Bronson C. La Follette, attorney general and Betty R. Brown, assistant attorney general, with oral argument by Betty R. Brown.

Before Voss, P.J., Brown, J., and Bode, J.

VOSS, P.J.

The defendant, Eugene Gates, was convicted of second-degree sexual assault contrary to sec. 940.225(2) (a), Stats. Judgment was entered January 23, 1978 sentencing Gates to an indeterminate term not to exceed four years. On July 28, 1978, the trial court denied Gates' motion for a new trial. Writs of error were issued to review both the judgment and the order.

The incident occurred on the evening of May...

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