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STATE v. DAMON

No. 86-1656-CR.

140 Wis.2d 297 (1987)

409 N.W.2d 444

STATE of Wisconsin, Plaintiff-Respondent, v. Scott DAMON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 26, 1987.

Attorney(s) appearing for the Case

For the defendant-appellant, Scott Damon, there were briefs submitted by Ralph A. Kalal of Kalal & Habermehl of Madison.

For the plaintiff-respondent, State of Wisconsin, there was a brief submitted by Donald J. Hanaway, attorney general, and Sally L. Wellman, assistant attorney general of Madison.

Before Cane, P.J., Myse and Dykman, JJ.

MYSE, J.

Scott Damon appeals a judgment convicting him of second-degree felony murder contrary to sec. 940.02(2), Stats., and an order denying his motion for post-conviction relief. Damon argues that the trial court erred by admitting certain testimony. He also contends that the trial court erroneously instructed the jury that a second-degree sexual assault committed contrary to sec. 940.225(2)(b), Stats., was a felony upon which a felony murder conviction could be...

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