Court Error – Motion Denied for New Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jimi K. Wellman

Case No.: 2016AP964-CR

Officials: Brennan, P.J., Kessler and Brash, JJ.

Focus: Court Error – Motion Denied for New Counsel

PER CURIAM. Jimi K. Wellman appeals from a judgment of conviction on one count of second-degree sexual assault and one count of incest. See WIS. STAT. §§ 948.02(2), 948.06(1) (2011-12). He also appeals from an order denying his motion for postconviction relief, which followed our previous decision to remand this case for a Machner hearing. 2 See State v. Wellman, No. 2014AP1920-CR, unpublished op. and order (WI App July 7, 2015). Wellman makes two arguments on appeal: (1) his trial counsel denied him the right to testify at trial by incorrectly advising him regarding what he would be allowed to say to support a defense that he did not remember what happened the night of the assault; and (2) the trial court erred when it denied his pretrial request for a new attorney. We affirm.

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