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Evidence — other acts

Wisconsin Court of Appeals

Criminal

Evidence — other acts

In these consolidated appeals, Jerry Wheeler appeals from judgments convicting him of repeated sexual assault of the same child and from an order denying his postconviction motion. Wheeler argues on appeal that the circuit court erroneously admitted evidence that he sexually abused the victim prior to the crimes charged in this case. We reject Wheeler’s claim that this was other acts evidence. Rather, we conclude that this evidence was properly admitted as “part of the panorama of evidence needed to completely describe the crime that occurred and is … inextricably intertwined with the crime.” State v. Dukes, 2007 WI App 175, ¶28, 303 Wis. 2d 208, 736 N.W.2d 515. We also reject Wheeler’s ineffective assistance of trial counsel claims and his argument that the prosecutor impermissibly commented upon his right to remain silent. We affirm. This opinion will not be published.

2010AP1787-CR, 2011AP2305-CR State v. Wheeler

Dist II, Winnebago County, Gritton, J., Per Curiam

Attorneys: For Appellant: Meier, Rick B., Kewaunee; For Respondent: Moeller, Marguerite M., Madison; Gossett, Christian A., Oshkosh

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