State v. Byers

CARL R. GAERTNER, Presiding Judge.

Defendant was charged by indictment with three counts of sexual abuse in the first degree. His motion to dismiss Count I was sustained. After a jury-waived trial he was found guilty on Counts II and III. The trial court suspended imposition of sentence and ordered defendant to be on probation for two years. Subsequently, the court found defendant to be in violation of the conditions of his probation and sentenced him to concurrent three year terms. Defendant appeals.

In a consolidated appeal defendant also challenges the granting of the state’s motion to…