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STATE v. DANIELS

No. 83-739-CR.

117 Wis.2d 9 (1983)

343 N.W.2d 411

STATE of Wisconsin, Plaintiff-Respondent, v. Thomas James DANIELS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 7, 1983.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Donald A. Clark, Jr., of Wauwatosa.

For the plaintiff-respondent the cause was submitted on the briefs of Bronson C. La Follette, attorney general, with E. Gordon Young, assistant attorney general, of counsel, of Madison.

Before Wedemeyer, P.J., Decker and Moser, JJ.

MOSER, J.

This is an appeal from a judgment convicting Thomas James Daniels (Daniels) of first-degree sexual assault in violation of sec. 940.225(1) (d), Stats., and from the order entered December 10, 1982, sentencing him to no more than five years' incarceration.

On February 9, 1982, at approximately 7 p.m. Daniels and Johnny Malone (Malone) arrived at the home of D.H., the mother of M.H., a ten-year-old boy. During the course of the evening Malone and D...

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