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STATE v. THOMAS,

No. 84-838-CR.

128 Wis.2d 93 (1985)

381 N.W.2d 567

STATE of Wisconsin, Plaintiff-Respondent, v. Charles L. THOMAS, Defendant-Appellant.

Court of Appeals of Wisconsin

Oral argument April 18, 1985.

Decided December 4, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant, a brief was filed by Steven P. Weiss, assistant state public defender of Madison. Oral argument by Steven P. Weiss.

For the plaintiff-respondent, a brief was filed by Bronson C. La Follette, attorney general, and Sally L. Wellman, assistant attorney general. Oral argument by Sally L. Wellman.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

Charles L. Thomas appeals from his conviction on three counts of kidnapping and three counts of first-degree sexual assault. Thomas challenges the constitutionality of the sexual assault law and the sufficiency of the evidence to sustain the convictions. He also alleges error by the trial court in refusing to submit a lesser-included offense. The state argues that the failure of Thomas to challenge the constitutionality of the sexual assault statute prior...

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