State v. Daniels

This is an appeal from a judgment convicting Thomas James Daniels (Daniels) of first-degree sexual assault in violation of sec. 940.225(1) (d), Stats., and from the order entered December 10, 1982, sentencing him to no more than five years’ incarceration.

On February 9, 1982, at approximately 7 p.m. Daniels and Johnny Malone (Malone) arrived at the home of D.H., the mother of M.H., a ten-year-old boy. During the course of the evening Malone and D.H. were in D.H.’s bedroom. M.H. testified at trial that he and Daniels were in the kitchen of the residence looking at a family photo album and later…