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STATE v. POWERS

No. 03-1514-CR.

276 Wis.2d 107 (2004)

2004 WI App 156

687 N.W.2d 50

STATE of Wisconsin, Plaintiff-Respondent, v. John F. POWERS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 29, 2004.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Marcus J. Berghahn and John D. Hyland of Hurley, Burish & Milliken, S.C., Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Edwin J. Hughes, assistant attorney general, and Peggy A. Lautenschlager, attorney general.

Before Deininger, P.J., Vergeront and Higginbotham, JJ.

¶ 1. DEININGER, P.J.

John Powers appeals an order denying his motion to dismiss a charge of second-degree sexual assault in violation of WIS. STAT. § 940.225(2)(g) (2001-02).1 The statute makes it a crime for an employee of a facility or program specified in the statute to have sexual contact or sexual intercourse with a patient or resident...

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