State v. Martin

Stanley E. Martin was charged with and was convicted of second degree sexual assault, in violation of sec. 940.225(2)(a), Stats., 1 as a repeater under sec. 939.62, Stats. 2 He was sentenced by the trial court to an indeterminate term of imprisonment not to exceed sixteen years, consecutive to the sentence he was then serving.

Martin raises two issues on this appeal. First, he contends that the trial court erred in failing to instruct the jury on battery, sec. 940.19(1), Stats., as a lesser-included offense. 3 Second, he argues that the trial court erroneously permitted the state to amend the…