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00-3373-CR State v. Booth

Minnesota Lawyer//September 4, 2001//

00-3373-CR State v. Booth

Minnesota Lawyer//September 4, 2001//

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Kevin Booth, pro se, appeals his judgment of conviction for attempted second-degree sexual assault with a person who the defendant knows is unconscious and an order denying postconviction relief. Booth argues that: (1) he was denied his Sixth Amendment right to counsel at the preliminary hearing; and (2) his trial counsel was ineffective. Because Booth waived his right to object to the preliminary hearing and did not allege sufficient facts to warrant a Machner hearing, we affirm the conviction. State v. Machner, 92 Wis.2d 797, 285 N.W.2d 905 (Ct. App. 1979). This opinion will not be published.

Dist III, Eau Claire County, Stark, J., Per Curiam

Attorneys:

For Appellant: Kevin R. Booth, Sturtevant

For Respondent: Raymond L. Pelrine, Eau Claire; Shunette T. Campbell, Madison

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