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STATE v. WIRTS

No. 91-2623-CR.

176 Wis.2d 174 (1993)

500 N.W.2d 317

STATE of Wisconsin, Plaintiff-Respondent, v. Bryan A. WIRTS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 11, 1993.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Jack E. Schairer, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and Thomas J. Balistreri, assistant attorney general.

Before Gartzke, P.J., Dykman and Sundby, JJ.

SUNDBY, J.

Bryan A. Wirts appeals from a judgment convicting him of first-degree sexual assault, contrary to sec. 940.225(1)(c), Stats.1 He also appeals from orders denying his motion for postconviction relief. We affirm the judgment and orders.

Wirts does not deny that he had sexual intercourse with the complaining witness, but claims it was with her consent. Section 940.225(1)(c),...

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