Criminal Procedure — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Israel Robles-Figueroa appeals an order denying his Wis. Stat. § 974.06 (2011-12), postconviction motion without a hearing. Robles-Figueroa had a previous postconviction motion and appeal, and attempts to avoid the procedural bar against successive postconviction motions by alleging ineffective assistance of postconviction counsel. He contends his postconviction counsel was ineffective for failing to raise ineffective assistance of trial counsel based on trial counsel’s failure to seek suppression of Robles-Figueroa’s statements to police. The circuit court denied the motion, concluding the record conclusively demonstrates that Robles-Figueroa is not entitled to relief. Because the postconviction motion was facially insufficient, presenting only conclusory allegations of ineffective assistance of counsel and the record shows he was not entitled to relief, we affirm the order. This opinion will not be published.

2012AP2623 State v. Robles-Figueroa

Dist III, Outagamie County, Dyer, J., Per Curiam

Attorneys: For Appellant: Robles-Figueroa, Israel, pro se; For Respondent: Schneider, Carrie A., Appleton; Larson, Sara Lynn, Madison