00-0258-CR State v. Johnson

By: dmc-admin//August 20, 2001//

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Priest Johnson appeals a judgment convicting him of three counts of second-degree sexual assault of a child. He was convicted after a bench trial and sentenced, as amended, to prison terms totaling 20 years. On appeal he contends that: (1) Wis. Stat. sec. 948.02(2) (1997-98) violates due process because it allows conviction without proof that the assailant knew the victim was a child; (2) the trial court erred by excluding evidence that the 13-year-old victim misrepresented her age to Johnson; (3) he received ineffective assistance from trial counsel; and (4) the trial court misused its sentencing discretion.

We affirm on all issues.

This opinion will not be published.

Dist I, Milwaukee County, Dugan, J., Per Curiam

Attorneys:

For Appellant: Priest Johnson, Whiteville, TN

For Respondent: Robert D. Donohoo, Milwaukee; Lara M. Herman, Madison

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