Criminal Procedure — postconviction DNA testing

By: WISCONSIN LAW JOURNAL STAFF//May 8, 2012//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — postconviction DNA testing

Dwain Staten appeals the judgment entered on jury verdicts convicting him of burglary, see Wis. Stat. § 943.10(2)(a), first-degree sexual assault, see Wis. Stat. § 940.225(1)(b), and armed robbery use of force, see Wis. Stat. § 943.32(2). He also appeals the order denying his motion for postconviction relief seeking DNA testing. Staten argues that: (1) the State should pay for more DNA testing because it may show another man had sex with the victim; and (2) the trial court imposed a harsh and excessive sentence. We affirm. Publication in the official reports is not recommended.

2011AP916-CR State v. Staten

Dist I, Milwaukee County, Dallet, J., Fine, J.

Attorneys: For Appellant: Steinle, Michael J., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Remington, Christine A., Madison

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