By: WISCONSIN LAW JOURNAL STAFF//December 7, 2010//
1st-degree sexual assault
Sufficiency of the evidence
Marty Franzke appeals a judgment convicting him of attempted first-degree sexual assault of his daughter, Jessi B. He also appeals an order denying his postconviction motion in which he alleged ineffective assistance of trial counsel. He argues: (1) the State presented insufficient evidence to support the conviction; (2) his counsel was ineffective for failing to request jury instructions on intoxication and mistake; (3) he is entitled to a new trial based on the prosecutor’s misstatement of the evidence during his closing argument; and (4) based on these alleged errors, he requests a new trial in the interest of justice because justice miscarried and the true controversy was not fully tried. We reject these arguments and affirm the judgment and order. This opinion will not be published.
2009AP1471-CR State v. Franzke
Dist III, Outagamie County, Per Curiam
Attorneys: For Appellant: Hunt, Edward J., Milwaukee; For Respondent: Sanders, Michael C., Madison; Schneider, Carrie A., Appleton