02-0629 State v. Kevin L.C.

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Kevin L.C. appeals an order denying his postconviction motion under Wis. Stat. sec. 974.06. Kevin’s motion challenged a 1998 judgment convicting him of sexually assaulting twelve-year-old Melissa M.W. and his six-year-old stepdaughter, Kimberly A.R. The charge involving Melissa was initially filed in 1993. After he was bound over for trial, Kevin passed a polygraph test and the State dismissed the charge without prejudice. When Kimberly’s allegations arose in 1997, the State reinstituted the charge involving Melissa as well as charging sexual contact with Kimberly. The jury convicted Kevin on both counts and this court affirmed the judgments. Kevin then brought the present motion for postconviction relief alleging ineffective assistance of counsel, newly discovered evidence and other errors. The trial court denied the motion and Kevin appeals.

Affirmed.

This opinion will not be published.

Dist III, Outagamie County, Bayorgeon, J., Per Curiam

Attorneys:

For Appellant: Jennifer L. Weston, Whitewater

For Respondent: Alan Lee, Madison; Vincent R. Biskupic, Appleton