Criminal Procedure — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Jose Nicholas Latorre appeals from a judgment of conviction, entered upon a jury’s verdicts, to three counts of repeated sexual assault of the same child. He also appeals from an order denying his postconviction motion without a hearing. Latorre contends that trial counsel was ineffective for not objecting to prior consistent statements, which were inadmissible hearsay, and for failing to call an expert witness to support the defense theory that the allegations against Latorre were fabricated. Latorre further believes that the circuit court erroneously exercised its discretion when it denied his postconviction motion without a hearing. We disagree with Latorre’s contentions, and we affirm the judgment and order. This opinion shall not be published.

2012AP1752-CR State v. Latorre

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

Attorneys: For Appellant: Shellow, Robin, Milwaukee; For Respondent: Kassel, Jeffrey J., Madison; Loebel, Karen A., Milwaukee