Criminal Procedure – joinder — common plan or scheme

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Wisconsin Court of Appeals

Criminal

Criminal Procedure – joinder — common plan or scheme

In these consolidated appeals, Jonathan L. Gurath appeals from judgments of conviction and an order denying his motion for postconviction relief. He contends that (1) there was insufficient evidence to support his conviction for second-degree sexual assault of a child, (2) the circuit court erroneously exercised its discretion in denying his motion to sever the sexual assault charge from two drug possession charges, (3) the circuit court erroneously exercised its discretion in allowing a state expert witness to render an opinion as to whether the sexual assault victim was drugged, and (4) the circuit court erroneously exercised its discretion in sentencing him on the sexual assault charge. We reject Gurath’s claims and affirm the judgments and order. This opinion will not be published.

2013AP1305-CR, 2013AP1306-CR State v. Gurath

Dist II, Fond du Lac County, Wirtz, J., Per Curiam

Attorneys: For Appellant: Boyle, Gerald P., Milwaukee; Boyle, Bridget E., Milwaukee; For Respondent: O’Brien, Daniel J., Madison; Toney, Eric, Fond du Lac