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STATE v. LALICATA

No. 2012AP225-CR.

824 N.W.2d 921 (2012)

2012 WI App 138

345 Wis. 2d 342

STATE of Wisconsin, Plaintiff-Respondent, v. Tony J. LALICATA, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed November 21, 2012.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Katie R. York , assistant state public defender of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of J.B. Van Hollen , attorney general, and Sandra L. Tarver , assistant attorney general.

Before BROWN, C.J., REILLY and GUNDRUM, JJ.

BROWN, C.J.

¶ 1 The defendant, Tony Lalicata, argues that the trial court and his own trial counsel erred by failing to recognize that he was potentially eligible for a stayed sentence and probation under WIS. STAT. § 973.09(1)(a) (2009-10),1 instead of the mandatory minimum sentence of twenty-five years imprisonment, upon his conviction of first-degree sexual assault of a child under age twelve. Lalicata's argument is a flawed...

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