Plea Withdrawal – Ineffective Assistance of Counsel

By: Derek Hawkins//May 9, 2017//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Eugene B. Santiago

Case No.: 2016AP1267

Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ.

Focus: Plea Withdrawal – Ineffective Assistance of Counsel

Eugene B. Santiago appeals from an order denying his motion pursuant to WIS. STAT. 974.06 (2015-16) to withdraw his plea on the ground that he was denied the effective assistance of counsel when trial counsel failed to alert the circuit court to the fact that Santiago had been charged under the law as it existed at that time and not when he committed the offense four years earlier. Santiago further appeals from an order denying his motion to correct the corrected judgment of conviction, which erroneously indicated that he committed the offenses on May 17, 1996. We affirm the first order but reverse the second order and remand with directions for the circuit court to enter the correct date of Santiago’s commission of the offenses.

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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.

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