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02-0002-CR State v. Leair

By: dmc-admin//September 16, 2002//

02-0002-CR State v. Leair

By: dmc-admin//September 16, 2002//

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Nicholas Leair appeals a judgment entered on a jury verdict convicting him of burglary while armed with a dangerous weapon, armed robbery, two counts of kidnapping, two counts of false imprisonment, and attempted taking and driving a vehicle without the owner’s consent. He also appeals an order denying his motion for postconviction relief. Leair argues (1) the trial court improperly limited his cross-examination of one of his co-defendants, (2) the trial court should have granted a new trial in light of new evidence from another co-defendant, and (3) the trial court erroneously exercised its discretion when it sentenced him and later refused to reduce the sentence in light of the sentences his co-defendants received. We determine the court properly limited Leair’s cross-examination during the trial. We also conclude the court properly denied Leair’s motion for a new trial and did not erroneously exercise its discretion in sentencing.

Therefore, we affirm the judgment and order.

Not recommended for publication in the official reports.

Dist III, Marathon County, Brady, J., Cane, C.J.

Attorneys:

For Appellant: David R. Karpe, Madison

For Respondent: Sally L. Wellman, Madison; Jill N. Falstad, Wausau

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