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Postconviction Relief-Sexual Assault

By: WISCONSIN LAW JOURNAL STAFF//May 15, 2023//

Postconviction Relief-Sexual Assault

By: WISCONSIN LAW JOURNAL STAFF//May 15, 2023//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Robert George Johnson

Case No.: 2021AP000926-CR

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

Focus: Postconviction Relief-Sexual Assault

According to the complaint, Johnson was an overnight guest in his cousin’s home, and, after a night of drinking, he sexually assaulted then-six-year-old Alice3 and told her not to tell anyone. Alice reported the assault to her parents. Johnson appeals a judgment, entered upon a jury’s verdict, convicting him of one count of first-degree sexual assault of a child under age thirteen. Johnson also appeals the order denying his motion for postconviction relief. Johnson argues that he was denied his constitutional right to a speedy trial, that his trial attorneys were constitutionally ineffective, and that his sentence is unduly harsh. According to the appeals court Johnson does not address how he was prejudiced by the delay, and no such prejudice is evident from the record. The appeals court is not persuaded that Johnson demonstrated deficient performance on the part of either of his attorney; and the sentencing court properly exercised its discretion when it considered relevant factors and imposed a sentence authorized by law, the court properly denied Johnson’s motion for resentencing.

Affirmed.

Decided 05/09/23

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