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STATE v. THOMS

No. 98-3260-CR.

228 Wis.2d 868 (1999)

599 N.W.2d 84

STATE of Wisconsin, Plaintiff-Respondent, v. John J. THOMS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 22, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Steven L. Miller of Miller & Miller of River Falls.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Paul Lundsten, assistant attorney general of Madison.

Before Cane, C.J., Myse, P.J., and Hoover, J.

CANE, C.J.

John Thoms appeals both a judgment of conviction for second-degree sexual assault, contrary to § 940.225(2)(a), STATS., as a repeat offender and his sentence of life in prison without the possibility of parole as a persistent repeater, pursuant to § 939.62, STATS. This appeal presents two issues: (1) whether the admission of other acts evidence constitutes harmless error; and (2) whether the trial court properly sentenced Thoms to life pursuant...

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