01-2225-CR State v. Rogers

By: dmc-admin//April 22, 2002//

By: dmc-admin//April 22, 2002//

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Fredrick Rogers appeals the judgment of conviction for second-degree sexual assault of a person who has not attained the age of 16 years, and the order denying his motion for sentence modification on two grounds: (1) that a “new factor” existed because his mental health problems were greater than those anticipated by the trial court; and (2) that he did not receive effective assistance of counsel. We conclude that his mental health is not a new factor and that he received effective assistance of counsel.

We therefore affirm.

This opinion will not be published.

Dist IV, Rock County, Daley, J., Per Curiam

Attorneys:

For Appellant: Jennifer L. Weston, Whitewater

For Respondent: David J. Becker, Madison; Daniel D. Niedfeldt, Janesville

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