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Criminal Procedure — plea withdrawal — competency

By: WISCONSIN LAW JOURNAL STAFF//November 11, 2014//

Criminal Procedure — plea withdrawal — competency

By: WISCONSIN LAW JOURNAL STAFF//November 11, 2014//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — plea withdrawal — competency

Mark Lindblom appeals an order denying his Wis. Stat. § 974.06 motion for plea withdrawal. Because Lindblom has been discharged from his sentence and is no longer “in custody” as required by § 974.06, we conclude the circuit court lacked competency to entertain Lindblom’s motion. As a result, we reverse and remand for the circuit court to vacate its order and dismiss Lindblom’s motion. This opinion will not be published.

2014AP319 State v. Lindblom

Dist III, Burnett County, Kutz, J., Per Curiam

Attorneys: For Appellant: Rebholz, James A., Milwaukee; For Respondent: Tarver, Sandra L., Madison; Norine, William L., Siren

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