Criminal Procedure — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Clarence Price appeals from a judgment of conviction of substantial battery and from an order denying his postconviction motion to withdraw his no-contest plea. On appeal he argues that his trial counsel was ineffective for not subpoenaing a certain witness for trial and in failing to timely object to the admission of other acts evidence. The trial court determined that by his entry of his plea halfway through the trial, Price forfeited a claim of alleged evidentiary error and that Price was not prejudiced by the alleged ineffective assistance of trial counsel. We conclude that Price is not entitled to withdraw his plea because Price did not establish that but for counsel’s allegedly deficient conduct he would have not entered his plea and would have proceeded to a jury verdict and therefore, he was not prejudiced by the alleged deficient conduct. We affirm the judgment and order. This opinion will not be published.

2011AP144-CR State v. Price

Dist II, Racine County, Flancher, J., Per Curiam

Attorneys: For Appellant: Cotter, Steven Patrick, Milwaukee; For Respondent: Weber, Gregory M., Madison; Chiapete, W. Richard, Racine