01-1252 State v. Frank

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“We conclude that the trial court’s ruling, that other acts evidence would be admissible, did not require Frank to enter into the Wallerman stipulation. However, by entering into the stipulation and rendering the other acts evidence inadmissible, Frank waived his right to appeal the other acts ruling. We conclude that other acts evidence must be introduced at trial before a criminal defendant can argue reversible error. In any event, we agree with the State that Frank did not give up a defense by entering into the Wallerman stipulation. …

“Here, the trial court ruled the other acts evidence admissible but it was not, in fact, ever admitted at trial. Frank entered into the Wallerman stipulation on the issues whether the touching that constituted the charged sexual contact ‘was done intentionally’ and whether it was done ‘with the purpose to become sexually aroused or gratified.’ He thereby rendered the evidence inadmissible.”

Dist II, Shawano County, Grover, J., Hoover, P.J.

Attorneys:

For Appellant: Jane K. Smith, Oconto Falls

For Respondent: David J. Becker, Madison; Gary R. Bruno, Shawano