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STATE v. KEMPAINEN

No. 2013AP1531-CR.

848 N.W.2d 320 (2014)

2014 WI App 53

STATE of Wisconsin, Plaintiff-Appellant, v. Brian S. KEMPAINEN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed April 16, 2014.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Sarah L. Burgundy , assistant attorney general, Marguerite M. Moeller , assistant attorney general, and J.B. Van Hollen , attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Melissa L. Mroczkowski of Kirk Obear, Attorney at Law, Sheboygan.

Before BROWN, C.J., NEUBAUER, P.J., and GUNDRUM, J.

GUNDRUM, J.

¶ 1 The State appeals from the circuit court's order dismissing on due process grounds two counts of sexual assault of a child against Brian Kempainen based on the court's determination that the charges do not provide him sufficient notice of when the alleged violations occurred. Because we conclude that the complaint does provide Kempainen sufficient notice, we reverse and remand for reinstatement of the complaint and information and for further...

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