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STATE v. CLOUD

No. 85-2229-CR.

133 Wis.2d 58 (1986)

393 N.W.2d 123

STATE of Wisconsin, Plaintiff-Respondent, v. Donald CLOUD, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 22, 1986.

Attorney(s) appearing for the Case

For the plaintiff-respondent the cause was submitted on the briefs of Bronson C. La Follette, attorney general, with Marguerite M. Moeller, assistant attorney general of counsel, of Madison.

For the defendant-appellant the cause was submitted on the briefs of Robert J. Dvorak, S.C., of Milwaukee.

Before Moser, P.J., Wedemeyer and Sullivan, JJ.

SULLIVAN, J.

Donald Cloud appeals a judgment convicting him of one count of kidnapping and four counts of first degree sexual assault, party to a crime, in violation of secs. 940.31(1)(a), 940.225(1)(b), and 939.05, Stats., and from an order denying him postconviction relief. He asserts that he was denied his state and federal constitutional rights to a jury trial. Because the trial court abused its discretion in refusing to allow Cloud to withdraw his jury waiver...

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