Pleas & Sentencing – Plea Withdrawal

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Criminal

WI Court of Appeals – District III

Officials: Stark, P.J., Hruz, J., and Thomas Cane, Reserve Judge.

Pleas & Sentencing – Plea Withdrawal

2014AP2488 State of Wisconsin v. Timothy L. Finley, Jr.

On appeal, Finley asserts the circuit court erroneously concluded the State met its burden of showing that his plea was knowing, intelligent, and voluntary at the time it was entered. The State has abandoned the argument that it satisfied its burden, and the State also does not directly respond to Finley’s argument, and we deem the issue conceded. Instead, the State urges us to apply an alternative standard for plea withdrawal. Under the State’s proposed standard, a defendant whose plea was not entered knowingly, intelligently, and voluntarily because the maximum possible penalty was more than he or she understood, is not entitled to withdraw the plea if the defendant’s sentence is commuted—as was done here—to an amount equal to or less than the maximum sentence the defendant believed he or she could receive at the time of the plea. The State’s proposed standard appears contrary to existing case law, which we are bound to follow. We therefore reject the State’s argument, reverse the judgment and order, and remand to the circuit court for further proceedings with instructions to grant Finley’s postconviction motion for plea withdrawal.

Decision

Reversed and Remanded. Recommended for Publication.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.