State v. Johnson

Hayes Johnson appeals from a judgment entered on a jury verdict convicting him of two counts of first-degree sexual assault of a child, see § 948.02(1), Stats., and from the order denying his motion for postconviction relief. He claims that the *87trial court erred in rejecting his claim of prosecutorial vindictiveness and, therefore, denying his pretrial motion seeking dismissal of an amended information.1 We reverse the trial court's order, and remand for further proceedings.

I

Johnson was charged originally with one count of first-degree sexual assault of a child in connection with an incident…