State v. Gustafson

(On motion for reconsideration.) This is a reconsideration of our decision in State v. Gustafson, 119 Wis. 2d 676, 350 N.W.2d 653 (1984), which reversed Gustafson’s conviction of two counts of second-degree sexual assault and remanded the case for a new trial. We now modify our prior decision and affirm *460Gustafson’s conviction because the majority failed to agree on one specific ground of error fatal to the judgment of conviction.

Gustafson was tried and convicted in the circuit court for Manitowoc county. During trial, Gustafson’s minor son, R.G., was called as a witness on Gustafson’s behalf.…