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STATE v. MACEMON

No. 82-1322-CR.

113 Wis.2d 662 (1983)

335 N.W.2d 402

STATE of Wisconsin, Plaintiff-Respondent, v. Robert J. MACEMON, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided July 1, 1983.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Mark Lukoff, first assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and E. Gordon Young, assistant attorney general.

On certification from court of appeals.

LOUIS J. CECI, J.

A jury found the defendant-appellant, Robert J. Macemon, guilty of first-degree sexual assault, in violation of sec. 940.225(1) (b), Stats. On November 24, 1981, the circuit court of Racine county, Honorable Dennis J. Flynn, sentenced Macemon to not more than twenty years' imprisonment.

On June 8, 1982, Macemon filed a motion to modify sentence, alleging, in part, that the proposed felony sentencing...

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