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STATE v. STOWERS

No. 93-0171-CR.

177 Wis.2d 798 (1993)

503 N.W.2d 8

STATE of Wisconsin, Plaintiff-Respondent, v. Roy E. STOWERS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 17, 1993.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Stephen R. Buggs of Karrmann, Buggs, Baxter & Novak of Platteville.

For the plaintiff-respondent the cause was submitted on the brief of Margaret M. Zimmer, assistant district attorney, and Wm. Andrew Sharp, district attorney, of Richland Center.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

EICH, C.J.

Roy E. Stowers appeals from a judgment convicting him of fourth degree sexual assault, contrary to sec. 940.225(3m), Stats., upon his plea of no contest.

He argues that the trial court erred in ordering him to pay restitution in the sum of $5,000 to the victim. He claims that the trial court lacked authority to enter the order, that there was no evidence upon which to base such an award, and that the court otherwise exceeded its discretion in making...

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