By: dmc-admin//June 11, 2001//
Larry Peterson appeals a conviction for second-degree sexual assault. He also appeals an order denying postconviction relief. Peterson argues that he should be granted a new trial in the interest of justice because the real controversy was not fully tried. Alternatively, he contends that trial counsel provided him with ineffective assistance and the case should be retried. We agree that the real controversy was not fully tried and, therefore, reverse the conviction and order. We further remand to the trial court for a new trial. Not recommended for publication in the official reports.
Dist III, Chippewa County, Sazama, J., Hoover, P.J.
Attorneys:
For Appellant: Steven L. Miller, River Falls
For Respondent: Timothy F. Scobie, Chippewa Falls; Maura F. J. Whelan, Madison