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Achha agreed. On April 25,Achha and Niki instant messaged to work out plans for the following Friday.
Niki messaged that her mother would be gone at least until Saturday evening, and if her boyfriend went with her mother, she would be gone until Sunday. Achha said this would be a great experience for him; Niki replied it would be for her, but she would be a little shy se would need one or two beers to loosen up. She asked if her age would bother him and Achha replied there would be no problem if she was physically developed.
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He bragged again about his physical attributes and wondered if he would hurt her. To which Achha responded that if he was excited, he might not be able to stop himself. Achha recounted for Niki that when he was sixteen, he missed a chance for a physical relationship, and if he did not have a relationship with her, he would regret the missed opportunity. Yet again Achha told her about his physical attributes and prowess.
He then told her that he was a vegetarian and asked her to have appropriate vegetarian foods in the house, including milk and sugar which he liked in breaks between intimacy. There were no substantive instant messaging during the following week.
On the morning of May 2,Achha messaged Niki asking her to call him. During the phone call, they decided that they could not meet that night, sx Achha spending Saturday night was out of the question.
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They agreed to meet the following weekend. Niki told him there were hotels in the area, but her home was the best place to be together. She told him not to worry. Niki and Achha had a phone conversation on May 8,during which she assured him that she really wanted him. Achha messaged that he was more than someone who was interested in sex, that he also liked to chat.
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They had two brief phone conversations on Friday. A search of his car uncovered a box of condoms and a bag with clothing.
Achha gave a written statement in which he claimed he believed he was chatting with another adult and that he or she was lying about waukfsha thirteen, and he came to Waukesha to see the adult he had been conversing with. He allowed that if the person actually was a thirteen-year-old girl, he was going to use the opportunity to help her.
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Achha was charged with one count of using a computer to facilitate sex crime in violation of Wis. At the conclusion of a rooom trial, the jury instructions included the standard entrapment instruction, Wis JI—Criminaland Achha was convicted on the sole count of the Information. The trial court sentenced him to five years of initial confinement and five years of extended supervision.
Achha appeals pro se.
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He complains that his trial counsel provided him with ineffective assistance of counsel by not vigorously pursuing an entrapment defense. We also believe that he is generally challenging the sufficiency of the evidence. Stuhlman Roberts framed me, because she had an advantage over me—my ignorance. I would like to use word framed over the word entrapped. In entrapment, defendant had always a choice not to be entrapped.
But I have been framed; I had no idea which law I was violating and how much greater trouble it would cause for me. I had been framed to violate Wis. Pence, Wis.
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Entrapment, however, necessarily admits the act charged. State v. Monsoor, 56 Wis.
Saternus, Wis. Ineffective Assistance of Counsel. Jan van Creek.
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