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STATE v. TOLIVER

No. 93-1884-CR.

187 Wis.2d 346 (1994)

523 N.W.2d 113

STATE of Wisconsin, Plaintiff-Respondent, v. Brian TOLIVER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 7, 1994.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Patricia Flood, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the briefs of James E. Doyle, attorney general, with Jerome S. Schmidt, assistant attorney general.

Before Sullivan, Fine and Schundson, JJ.

SULLIVAN, J.

Brian Toliver appeals from a judgment of conviction for two counts of first-degree sexual assault, party to a crime, contrary to §§ 940.225(1)(c) and 939.05, STATS. He also appeals from an order denying his motion for postconviction relief.

Toliver raises three issues for our review. First, he argues that the trial court erred when it concluded that the State was unilaterally and fully discharged...

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