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99-2948-CR State v. Tate

By: dmc-admin//July 30, 2001//

99-2948-CR State v. Tate

By: dmc-admin//July 30, 2001//

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Gary Tate appeals from a judgment of conviction of repeated sexual assault of the same child, and from an order denying his motion for postconviction relief. In addition to challenging the constitutionality of sec. 948.025 as applied, Tate argues that the complaint was inadequate to give him notice of the crimes, that trial counsel was deficient for not challenging the sufficiency of the complaint and raising the issue of jury unanimity, and that the trial court erroneously exercised its discretion in limiting cross-examination of the victim’s mother. The constitutionality of sec. 948.025 was confirmed in State v. Johnson, 2001 WI 52, ¶3, 243 Wis.2d 365, 627 N.W.2d 455.

We reject Tate’s remaining issues and affirm the judgment and order.

This opinion will not be published.

Dist II, Washington County, Ziegler, J., Per Curiam

Attorneys:

For Appellant: Jerome F. Buting, Brookfield; Pamela Moorshead, Brookfield

For Respondent: William C. Wolford, Madison; Holly J. Bunch, West Bend

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