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STATE v. SILVA

Nos. 02-1502-CR, 02-2050-CR.

266 Wis.2d 906 (2003)

2003 WI App 191

670 N.W.2d 385

STATE of Wisconsin, Plaintiff-Respondent, v. William A. SILVA, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 5, 2003.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Martin E. Kohler and Brian Kinstler of Kohler & Hart, LLP, of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Peggy A. Lautenschlager, Attorney General, and Gregory M. Weber, assistant attorney general.

Before Fine, Schudson and Curley, JJ.

¶ 1. CURLEY, J.

William A. Silva appeals the judgment entered following a bench trial, convicting him of one count of first-degree sexual assault, contrary to WIS. STAT. § 948.02(1) (1999-2000), and from the order denying his postconviction motion.1 He argues that his attorney was ineffective for: (1) not knowing that, pursuant to the holding of State v. Wallerman,

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