21. Guilty pleas

State v. Darold M., 2012AP1020, District 1, 10/10/12 court of appeals decision (1-judge, ineligible for publication); case activity Juvenile was not entitled to evidentiary hearing on his plea-withdrawal motion, which was premised on an unchecked box on the plea questionnaire signifying whether he understood the charges. ¶2        We conclude that Darold has not met his burden of showing that plea withdrawal… Read more

State v. Frederick L. Lucht, 2011AP1644-CR, District 4, 9/27/12 court of appeals decision (not recommended for publication); case activity The record supports the existence of an agreement between Lucht and another to commit the crime of first-degree intentional homicide. ¶28      Lucht refers us to cases standing for propositions that a conspiracy cannot be based on a… Read more

on review of unpublished decision; case activity Issues (composed by on Point)  1. Whether Burton is entitled to a Machner hearing on his postconviction motion asserting that counsel was ineffective for failing to advise that Burton could pursue a bifurcated (NGI) plea along with his guilty plea, and have a jury determine whether he was not responsible… Read more

State v. Reginald Scott Williams, 2011AP1379-CR, District 1, 9/18/12 court of appeals decision (not recommended for publication); case activity Williams drove at an excessive speed (30+ over the limit), and crashed into another car, resulting in death and serious injuries. He pleaded no contest to one count of homicide by negligent use, § 940.10 and… Read more

State v. Alvin C. Harris, 2012AP518-CR, District 2, 9/12/12 court of appeals decision (1-judge, ineligible for publication); case activity Plea-Withdrawal  Harris failed to make a prima facie showing that his plea colloquy was defective, therefore his motion to withdraw plea was properly denied without an evidentiary hearing: ¶7        Here, Harris’s motion alleged that his plea was… Read more

State v. Michael L. Frey, 2012 WI 99, affirming unpublished decision; case activity Sentencing Discretion – Reliance on Dismissed Charge  The sentencing court may consider charges “dismissed” or “dismissed outright” (as opposed to read-ins) ¶47  To discharge its obligation to discern a defendant’s character, “[a] sentencing court may consider uncharged and unproven offenses,” State v. Leitner, 2002 WI 77, ¶45, 253… Read more

State v. Jon Anthony Soto, 2012 WI 93, on certification; case activity A guilty plea defendant has a statutory right under § 971.04(1)(g) to be present in court when the plea is accepted and judgment pronounced, but the right may be waived (as distinguished from forfeited), as it was here. ¶2   We conclude that Wis. Stat. § 971.04(1)(g) provides a criminal defendant the statutory… Read more