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STATE v. OINAS

No. 84-2147-CR.

125 Wis.2d 487 (1985)

373 N.W.2d 463

STATE of Wisconsin, Plaintiff-Respondent, v. Brian T. OINAS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 17, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant, the cause was submitted on the brief of Andrew Mishlove, of Glendale.

For the plaintiff-respondent, the cause was submitted on the brief of Bronson C. La Follette, attorney general, and William L. Gansner, assistant attorney general.

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

BROWN, P.J.

Brian Oinas appeals his judgment of conviction for first-degree sexual assault, party to a crime, contrary to secs. 940.225 (1) (c) and 939.05, Stats. He seeks a new trial on the basis that certain potentially exculpatory evidence was destroyed while in police custody. In light of the recent United States Supreme Court decision of California v. Trombetta, ___ U.S. ___, 81 L. Ed. 2d 413 (1984), we affirm the conviction, holding the failure to preserve...

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