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Sexual Assault of a Minor-Postconviction Motion

By: WISCONSIN LAW JOURNAL STAFF//September 5, 2023//

Sexual Assault of a Minor-Postconviction Motion

By: WISCONSIN LAW JOURNAL STAFF//September 5, 2023//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Kodi L. Bear

Case No.: 2021AP002020-CR

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

Focus: Sexual Assault of a Minor-Postconviction Motion

Kodi Bear was charged with first-degree sexual assault of a child under the age of sixteen (use or threat of force or violence and as an actor over the age of eighteen) (Count 1) and incest (Count 2). The charges stemmed from allegations that then-nineteen- or twenty-year-old Bear sexually assaulted his

then-fourteen-year-old female relative on several occasions. As a result of one of the assaults, the victim became pregnant and later gave birth. Bear appeals a judgment, entered upon his guilty plea, convicting him of second-degree sexual assault of a child under the age of sixteen. He also appeals an order denying his motion for postconviction relief. Bear contends that the circuit court erred by denying his postconviction motion for sentence modification based on the existence of three new factors.

Affirmed.

Decided 08/29/23

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