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STATE v. COMSTOCK

No. 90-2080-CR.

163 Wis.2d 218 (1991)

471 N.W.2d 596

STATE of Wisconsin, Plaintiff-Appellant, v. Robert J. COMSTOCK, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 16, 1991.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Barry M. Levenson, assistant attorney general, of Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of David G. Ahrens of Jury & Ahrens of Appleton.

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

MYSE, J.

The state charged Robert Comstock with four counts of second-degree sexual assault in violation of sec. 940.225(2)(e), Stats.1 Pursuant to a plea agreement, Comstock pled no contest to two amended counts of fourth-degree sexual assault, and the other two counts were dismissed. The court accepted Comstock's plea but, following the presentence investigation, vacated the plea, ordered reinstatement of the original

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