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STATE v. GUSTAFSON

No. 81-2015-CR.

121 Wis.2d 459 (1985)

359 N.W.2d 920

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

Supreme Court of Wisconsin.

Decided January 3, 1985.

Attorney(s) appearing for the Case

For the plaintiff-respondent, on reconsideration, the cause was argued by Stephen W. Kleinmaier, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

For the defendant-appellant-petitioner, on reconsideration, there was a brief and oral argument by Louis Butler, Jr., assistant state public defender.

PER CURIAM.

(On motion for reconsideration.) This is a reconsideration of our decision in State v. Gustafson, 119 Wis.2d 676, 350 N.W.2d 653 (1984), which reversed Gustafson's conviction of two counts of second-degree sexual assault and remanded the case for a new trial. We now modify our prior decision and affirm Gustafson's conviction because the majority failed to agree...

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