State v. Simpson

After the decision in State v. Sarabia, 118 Wis. 2d 655, 348 N.W.2d 527 (1984), the supreme court granted the state’s petition for review in Simpson. The supreme court vacated that part of our opinion which reversed defendant’s second-degree sexual assault conviction, remanded the case to us for reconsideration in light of Sarabia, and held in abeyance its decision on the defendant’s petition to review the kidnapping issue.

On reconsideration, we conclude that we erred. No reasonable basis exists in the record to support a conviction for third-degree sexual assault. The trial court therefore…