Legal Opinion

Ocanas v. State

Wisconsin Supreme Court

Decided October 2, 1975No. State 43 (1974)PublishedCited by 103 opinions

1Opinion of the CourtBeilfuss, J.

The defendant presents two issues:(1) Is the twenty-year sentence excessive and an abuse of discretion?(2) Is the failure to modify his sentence in view of a three-year sentence given to his brother for the same offense an abuse of discretion and a denial of equal protection of the law?

At the trial the defendant claimed he was not guilty of forceable rape; that the complainant voluntarily consented to the act of sexual intercourse for payment of $50 and that because she was not paid she went to the police with a false claim of rape to “get even with them.” The trial court completely rejected…

2Cases cited17 opinions

  1. McCleary v. StateWisconsin Supreme Court · 1971
  2. Howard v. FlemingSupreme Court of the United States · 1903
  3. Jung v. StateWisconsin Supreme Court · 1966
  4. State v. TuttleWisconsin Supreme Court · 1963
  5. Price v. StateWisconsin Supreme Court · 1967

12 more not listed; retrieve them via the Exa API.

3Cited by103 opinions

  1. Elias v. StateWisconsin Supreme Court · 1980
  2. State v. PetroneWisconsin Supreme Court · 1991
  3. State v. KilloryWisconsin Supreme Court · 1976
  4. State v. SarabiaWisconsin Supreme Court · 1984
  5. Garski v. StateWisconsin Supreme Court · 1977

98 more not listed; retrieve them via the Exa API.

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