COURT OF APPEALS DECISION DATED AND FILED August 12, 2008 David R. Schanker Clerk of Court of Appeals	NOTICE
	This opinion is subject to further editing.� If published, the official version will appear in the bound volume of the Official Reports.� A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals.� See Wis. Stat. � 808.10 and Rule 809.62.�

Appeal No.�	2007AP2307-CR	Cir. Ct. No.� 2005CF266
STATE OF WISCONSIN���			IN COURT OF APPEALS
			DISTRICT III
State of Wisconsin, ��������� Plaintiff-Respondent, ���� v. Michael Scott Long, ��������� Defendant-Appellant.

����������� APPEAL from judgments of the circuit court for St. Croix County:� edward f. vlack, III, Judge.� Affirmed.�

����������� Before Hoover, P.J., Peterson and Brunner, JJ. �

�1������� PER CURIAM.   Michael Long appeals judgments convicting him of false imprisonment and second-degree sexual assault as a persistent repeater.� He argues that the State presented insufficient evidence as to both counts and that the persistent repeater penalty enhancer should not apply because a prior Minnesota conviction is not comparable to a serious felony in Wisconsin.� We reject these arguments and affirm the judgments.

�2������� Long approached the front desk at a hotel wearing white spandex shorts and asked the desk clerk, Bobbi D., if the spandex was supposed to be revealing.� She responded it was supposed to be tight.� Long then requested that she accompany him to a nearby breakfast room.� There, he asked her to rate his penis.� Long asked if he could hug her, and Bobbi D. answered �No� and started to back away.� Long then grabbed her and held her tightly and forcefully from the front and from behind, with his clothed penis touching her buttocks, inner thigh and groin area.� Long then went across the room and pulled down his pants, exposing his penis.� Bobbi D. turned away and left the room.�

�3������� Long argues that the State failed to prove the sexual contact was �by use of force� and without Bobbi D.�s consent.� He also argues that the State failed to prove false imprisonment because it presented insufficient evidence of nonconsent and that he confined or restrained Bobbi D.�

�4������� When reviewing the sufficiency of the evidence, this court defers to the jury.� See State v. Wilson, 149 Wis. 2d 878, 894, 440 N.W.2d 534 (1989).� This court must review the evidence most favorably to the State and conviction, and may reverse a conviction only if, as a matter of law, no trier of fact could reasonably find guilt beyond a reasonable doubt.� See State v. Poellinger, 153 Wis. 2d 493, 501, 451 N.W.2d 752 (1990).� It is the jury�s function to resolve conflicts in the testimony, weigh the evidence and draw reasonable inferences from the evidence.� Johnson v. State, 55 Wis. 2d 144, 147, 197 N.W.2d 760 (1972).�

�5������� The State presented sufficient evidence to establish that Long used force to make sexual contact with Bobbi D.� She testified that Long held her �very tight� with both arms to the point that she could not move.� The jury reasonably found that Long used force as a means of making sexual contact. �

�6������� Likewise, Bobbi D.�s testimony constitutes sufficient evidence to support the finding that Long confined or restrained her.� One confines or restrains another if he deprives her of freedom of movement or compels her to remain where she does not want to remain.� See Wis JI�Criminal 1275 (2006).� Bobbi D.�s testimony provides sufficient evidence to support the verdict.�

�7������� As to both of the charges, Bobbi D.�s testimony also establishes that she did not consent to the sexual contact or being restrained.� Long relies on inconsistencies in her testimony and prior inconsistent statements.� The jury found Bobbi D.�s testimony credible.� The jury, not this court, determines the credibility of witnesses and the weight to be accorded their testimony. �See Johnson, 55 Wis. 2d at 147.�

�8������� Finally, the trial court properly applied the persistent repeater enhancement to Long�s sentence.� A persistent repeater is one who has been convicted of a serious felony on two or more separate occasions prior to the serious felony for which he is currently being sentenced.� See Wis. Stat. � 939.62 (2005-06).� Long contends a Minnesota burglary conviction would not have constituted a serious felony in Wisconsin because the crime he committed after an illegal entry would have constituted fourth-degree sexual assault in Wisconsin, a misdemeanor.� Burglary is committed by a person who illegally enters with intent to commit a felony.�

�9������� The trial court appropriately applied State v. Collins, 2002 WI App 177, �23, 256 Wis. 2d 697, 649 N.W.2d 325, when it examined Long�s conduct in the Minnesota incident and concluded the offense would have been a second-degree sexual assault and a burglary if the acts had occurred in Wisconsin.� In the Minnesota incident, Long entered an elevator dressed in tight spandex pants and a T-shirt, explaining to the women in the elevator that he lost a bet.� He asked their opinion about whether he looked big in spandex pants.� When the women left the elevator, he asked if he could look at himself in the mirror in their apartment.� Once inside, he asked them to hug him and to rate the size of his penis.� He then went into a bedroom and told one of the women he wanted to masturbate.� When she told him he could not, he left.� He returned carrying a thong and entered the apartment without knocking or otherwise obtaining permission.� He went into the bathroom and came out wearing the thong, went into a bedroom and began to masturbate.� He then told one of the women she had a �nice butt� and asked if he could see it because it would help him �get hard.�� When she refused, he pulled down her pants and grabbed her buttocks.�

�10����� These acts would constitute a second-degree sexual assault and burglary if committed in Wisconsin.� Second-degree sexual assault includes sexual contact by use of force.� The phrase �by use of force� includes forcible contact or force used as the means of making contact.� See State v. Bonds, 165 Wis. 2d 27, 32, 477 N.W.2d 265 (1991).� Forcibly pulling down the victim�s pants and grabbing her buttocks constitutes sexual conduct by use of force.� The illegal entry into the apartment to commit this felony constitutes burglary.� Therefore, the trial court properly applied the Minnesota crimes to establish the persistent penalty enhancer.

����������� By the Court.�Judgments affirmed.

����������� This opinion will not be published.� See Wis. Stat. Rule 809.23(1)(b)5 (2005-06).