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Abuse of Discretion – Admission of Evidence

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Robert D. Dilysi

Case No.: 2021AP001800-CR

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Abuse of Discretion – Admission of Evidence

Dilysi appeals from a judgment convicting him of two counts of second-degree sexual assault of a child under sixteen years of age and one count of child enticement. Dilysi argues that the circuit court erroneously exercised its discretion by admitting other-acts evidence of his alleged improper sexual conduct with other young girls as well as evidence found on Dilysi’s cell phone of sexually explicit cartoon images featuring young girls. He also claims that his trial counsel was constitutionally ineffective.

The circuit court’s decision to admit the other-acts evidence was reasonable and that the evidence was properly admitted under State v. Sullivan, 216 Wis. 2d 768, 576 N.W.2d 30 (1998), and the greater latitude rule.  Dilysi has forfeited his ineffective assistance of counsel claims based on his failure to file a postconviction motion in the circuit court.

Affirmed.

Decided 11/22/22

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