01-0055-CR State v. Hicks

By: dmc-admin//November 19, 2001//

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Aaron Hicks appeals a judgment of conviction for second-degree sexual assault with an unconscious person, and the order denying his motion for postconviction relief. He contends he was denied effective assistance of counsel because trial counsel did not consult an expert on alcohol-induced blackouts and because trial counsel did not investigate his repeater status when a plea offer was made. He also contends that the real controversy was not fully tried because expert testimony on alcohol-induced blackouts was not presented to the jury. We conclude Hicks was not denied effective assistance of counsel and that the real controversy was fully tried.

We therefore affirm.

Not recommended for publication in the official reports.

Dist IV, Dane County, DeChambeau, J., Vergeront, P.J.

Attorneys:

For Appellant: James L. Fullin Jr., Madison

For Respondent: Jeffrey J. Kassel, Madison; Douglas L. McLean, Madison

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