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00-3393-CR State v. Gatewood

By: dmc-admin//November 5, 2001//

00-3393-CR State v. Gatewood

By: dmc-admin//November 5, 2001//

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Larry Lamont Gatewood appeals from a judgment entered after a jury convicted him of two counts of kidnapping, three counts of first-degree sexual assault, and armed robbery, all as party to a crime. Gatewood claims: (1) his due process rights were violated when he was sentenced on inaccurate information relative to DNA evidence on two additional sexual assaults, but not the assaults for which he was convicted; (2) his double jeopardy rights were violated; (3) the prosecutor violated his right to a fair trial when the jury was informed about his potential penalty, when the prosecutor attempted to use an exhibit reflecting a marijuana arrest, and when the prosecutor referred to Gatewood as an “African-American”; and (4) the trial court erroneously exercised its discretion when it ruled that the State could rebut Gatewood’s reputational evidence with specific instances of other bad acts.

Because the record does not clearly reveal whether the DNA evidence presented during the sentencing hearing was true and accurate, we remand the matter to the trial court with directions.

We resolve the remaining issues in favor of upholding the judgment.

This opinion will not be published.

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

Attorneys:

For Appellant: Rex Anderegg, Milwaukee

For Respondent: Robert D. Donohoo, Milwaukee; James M. Freimuth, Madison

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