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STATE v. FREY

No. 92-3264-CR.

178 Wis.2d 729 (1993)

STATE of Wisconsin, Plaintiff-Respondent, v. Joseph Charles FREY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 10, 1993.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief 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 Daniel J. O'Brien, assistant attorney general.

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

MYSE, J.

Joseph Frey appeals his conviction of first-degree sexual assault (sexual contact) with the threat or use of a dangerous weapon, in violation of sec. 940.225(1)(b), Stats., and an order denying his postconviction motion for a new trial. Frey contends that the trial court erroneously exercised its discretion by allowing the state to amend the charge from one involving sexual intercourse to one involving sexual contact. He further contends that the trial court...

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