01-0348-CR State v. Jones

By: dmc-admin//January 14, 2002//

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Derwin D. Jones appeals from a judgment convicting him of first-degree sexual assault with a dangerous weapon and child enticement for purposes of sexual contact. On appeal, he argues that the State violated his Fifth Amendment right to remain silent when the prosecutor commented on his silence, the circuit court violated his right to confront his accuser by prohibiting him from cross-examining (a) the victim about a sexually transmitted disease and (b) a fellow jail inmate about his motive to testify in favor of the State, and the circuit court erroneously declined to instruct the jury on a lesser-included offense of third-degree sexual assault.

We reject Jones’s claims and affirm.

This opinion will not be published.

Dist II, Kenosha County, Kluka, J., Per Curiam

Attorneys:

For Appellant: T. Christopher Kelly, Madison

For Respondent: Robert J. Jambois, Kenosha; Kathleen M. Ptacek, Madison

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