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STATE v. LINDSEY

No. 95-3392-CR.

203 Wis.2d 423 (1996)

554 N.W.2d 215

STATE of Wisconsin, Plaintiff-Respondent, v. James C. LINDSEY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 16, 1996.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Park M. Drescher of Drescher & Drescher, S.C. of Appleton. On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Sally L. Wellman, assistant attorney general.

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

CANE, P.J.

James Lindsey appeals his judgment of conviction after a jury trial for second-degree sexual assault of a child, contrary to § 948.02(2), STATS., as a persistent repeater under § 939.62(2m)(b), STATS. Lindsey argues the trial court's imposition of the mandatory sentence of life in prison without the possibility of parole pursuant to § 939.62(2m)(b) is unconstitutional. He also argues he was denied due process when the trial court failed to...

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