00-1530-CR State v. Michael D.M.

By: dmc-admin//February 4, 2002//

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Michael M., pro se, appeals a judgment of conviction of two counts of first-degree sexual assault of a child, each count enhanced for sexual assault by a person responsible for the welfare of the child under sec. 948.02(3m), and one count of incest with a child. He also appeals an order denying his motion for postconviction relief. On appeal, Michael M. contends: (1) the trial court erroneously allowed the State to present evidence obtained by an illegal search; (2) the trial court erred by not allowing him to represent himself; (3) the State failed to prove every element of the crime of sexual assault of a child; and (4) he did not knowingly and voluntarily waive his right to testify on his own behalf.

We decide each of these issues against Michael M. and therefore affirm.

Not recommended for publication in the official reports.

Dist IV, Waushara County, McMonigal, J., Vergeront, P.J.

Attorneys:

For Appellant: pro se

For Respondent: Mary E. Burke, Madison; Guy D. Dutcher, Wautoma

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