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STATE v. HOLT

No. 84-1711-CR.

128 Wis.2d 110 (1985)

382 N.W.2d 679

STATE of Wisconsin, Plaintiff-Respondent, v. Thomas J. HOLT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 4, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant, briefs were filed by Steven D. Phillips, assistant state public defender. Oral argument by Steven D. Phillips.

For the plaintiff-respondent, a brief was filed by Bronson C. La Follette, attorney general and Barry M. Levenson, assistant attorney general. Oral argument by Barry M Levenson.

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

BROWN, P.J.

Thomas J. Holt appeals from the judgment convicting him of first-degree murder and first-degree sexual assault contrary to secs. 940.01(1) and 940.225(1)(a), Stats. He claims that the sexual assault prosecution was barred by sec. 939.71, Stats., that the circuit court erroneously failed to instruct the jury on second-degree murder and committed various additional evidentiary and other errors and that he was entitled to credit against his sentence. The...

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