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STATE v. LEE

No. 92-1954-CR.

175 Wis.2d 348 (1993)

499 N.W.2d 250

STATE of Wisconsin, Plaintiff-Respondent, v. Scott M. LEE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 16, 1993.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of David L. Grace of Schmidt, Thibodeau & Grace of Wisconsin Rapids.

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

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

CANE, P.J.

Scott Lee appeals a judgment convicting him of sexual assault, contrary to sec. 948.02(1), Stats. The sole issue is whether his confession was obtained in violation of his constitutional rights. Although the trial court concluded the state had not proved beyond a reasonable doubt that Lee's waiver of his Miranda1 rights was knowing and intelligent, it held that the statement in any event was admissible because there was...

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