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01-2660-CR State v. Whitney

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

01-2660-CR State v. Whitney

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

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Mario V. Whitney appeals from a judgment entered after a jury found him guilty of battery and one count of first-degree sexual assault while using a dangerous weapon. He also appeals from an order denying his postconviction motion. Whitney claims: (1) the evidence was insufficient to convict him of sexual assault; (2) the trial court erred by denying his motion for judgment notwithstanding the verdict on grounds of an inconsistent verdict; (3) the State’s filing of additional charges against him because he withdrew his guilty plea violated his constitutional right to a jury trial; (4) the trial court erred by not removing two jurors for cause; (5) the trial court erred in its pretrial motion ruling on “other acts” evidence, thereby denying his right to present a complete defense; and (6) his thirty-five year sentence was unduly harsh and excessive.

Because we resolve each issue in favor of upholding the judgment and order, we affirm.

This opinion will not be published.

Dist I, Milwaukee County, DiMotto, J., Per Curiam

Attorneys:

For Appellant: Eugene L. Kaluzny, Greenfield

For Respondent: Robert D. Donohoo, Milwaukee; Christopher G. Wren, Madison

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