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STATE v. JIMMIE R.R.

No. 02-1771-CR.

276 Wis.2d 447 (2004)

2004 WI App 168

688 N.W.2d 1

STATE of Wisconsin, Plaintiff-Respondent, v. JIMMIE R.R., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 25, 2004.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, there was a brief and oral argument by Martha K. Askins, assistant state public defender.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Diane M. Welsh, assistant attorney general. There was oral argument by Lara M. Herman.

Before Brown, Nettesheim and Snyder, JJ.

¶ 1. BROWN, J.

Jimmie R.R., under oath at trial, denied sexually assaulting his five-year-old daughter. Following his convictions for sexual assault and incest but prior to sentencing, Jimmie changed his story at the urging of his defense presentence investigator and admitted committing the assaults. Subsequently, the district attorney charged Jimmie with perjury, theorizing that Jimmie had lied under oath to avoid...

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