STATE v. GUSTAFSON

No. 81-2015-CR.

112 Wis.2d 369 (1983)

332 N.W.2d 848

STATE of Wisconsin, Plaintiff-Respondent, v. James R. GUSTAFSON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 25, 1983.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Louis B. Butler, Jr., assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Stephen W. Kleinmaier, assistant attorney general.

Before Voss, P.J., Brown and Scott, JJ.


BROWN, J.

In this case, submission of proof of at least two and possibly four separate offenses supported a single count of sexual assault. This created a potential deprivation of defendant's right to a unanimous jury verdict. It was error, therefore, not to give a curative instruction, sua sponte. We hold, however, that the error was harmless under the facts of this case. We also decide the other issues raised on appeal against the defendant and affirm the...

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