State v. David G. Straszkowski, 2008 WI 65, affirming summary order For Straszkowski Philip J. Brehm Issue: Whether a guilty plea colloquy must include an explicit warning that the defendant’s agreement to read in a dismissed charge will be deemed an admission of that charge for sentencing purposes. Holding: ¶5 Although the case law on… Read more
f. Read-ins
State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶27 n. 7: This court explained the procedure for read-in charges in Austin v. State, 49 Wis. 2d 727, 183 N.W.2d 56 (1971). When charges are read in during sentencing, the defendant admits… Read more
State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: In order to trigger read-in procedure there must be a sufficient showing of an agreement to read in the offense at issue: ¶28 Nowhere in the transcript of the plea hearing, the transcript… Read more
State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265 For Lackershire: Steven P. Weiss, SPD, Madison Appellate Issue/Holding: ¶28 n. 8: We do not adopt the court of appeals’ determinations that read-in charges are merely “collateral consequences” of a plea, and that therefore information about read-ins “is not a prerequisite to… Read more
