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STATE v. CLEMENT

No. 89-1191.

153 Wis.2d 287 (1989)

450 N.W.2d 789

STATE of Wisconsin, Plaintiff-Respondent, v. Rogers H. CLEMENT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 15, 1989.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of William J. Tyroler, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the briefs of Donald J. Hanaway, attorney general, with James M. Freimuth, assistant attorney general.

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

SULLIVAN, J.

Rogers H. Clement pleaded guilty to charges of first-degree sexual assault, sec. 940.225(1)(b), Stats., and kidnapping while armed, secs. 940.31 and 939.63, Stats. Pursuant to sec. 974.06, Stats., he moved the trial court to withdraw his guilty plea to the kidnapping charge. His motion was denied, and this appeal follows.

On appeal, Clement argues: (1) that his conduct did not fulfill the element of kidnapping prescribing the

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