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STATE v. HANNA

No. 90-1739-CR.

163 Wis.2d 193 (1991)

471 N.W.2d 238

STATE of Wisconsin, Plaintiff-Respondent, v. Tracy L. HANNA, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 10, 1991.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, there were briefs and oral argument by John D. Lubarsky, assistant state public defender.

On behalf of the plaintiff-respondent, there was a brief filed by Donald J. Hanaway, attorney general and Paul Lundstent, assistant attorney general. There was oral argument by Paul Lundstent.

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

NETTESHEIM, P.J.

Tracy L. Hanna appeals from a judgment of conviction for first-degree sexual assault pursuant to sec. 940.225(1)(d), Stats. (1985-86).1 She argues, in part, that the trial court erred when it ruled that the four-year-old victim was unavailable for constitutional confrontation purposes. The state does not defend the trial court's unavailability ruling on the merits. Instead,...

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