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STATE v. CVOROVIC

No. 89-1585-CR.

158 Wis.2d 630 (1990)

462 N.W.2d 897

STATE of Wisconsin, Plaintiff-Appellant, v. Dusan D. CVOROVIC, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 17, 1990.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Brian K. Holmgren, assistant district attorney.

There was no brief submitted on behalf of the defendant-respondent.

There was an amicus curiae brief submitted by Kenneth P. Casey, chief, appellate division, state public defender, and William J. Tyroler, assistant state public defender.

Before Brown, Scott and Anderson, JJ.

SCOTT, J.

A jury found Dusan D. Cvorovic guilty of attempted fourth-degree sexual assault. A subsequent judgment set aside his conviction on the grounds that Wisconsin law does not recognize that crime. The state appeals, arguing that sec. 939.32(3), Stats., authorizes prosecution of such an offense but even if it does not, any error was waived by Cvorovic's failure to object below. We conclude that "attempted fourth-degree sexual assault" is not an offense recognized...

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