By: Derek Hawkins//September 20, 2017//
WI Court of Appeals – District II
Case Name: State of Wisconsin v. Marcos Rosas Villegas
Case No.: 2015AP2162-CR
Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ.
Focus: Ineffective Assistance of Counsel
Villegas sought postconviction relief and was denied. On appeal, he challenges both the juvenile and adult court proceedings. He challenges the juvenile waiver proceedings as both an erroneous exercise of discretion generally, and on the grounds that his counsel provided ineffective assistance. He further maintains that he should be able to withdraw his guilty plea in adult court because the plea colloquy was defective and on the basis that he received ineffective assistance of counsel there as well. His plea withdrawal argument is premised largely on the rationale that his attorney failed to inform him that his plea would render him inadmissible to the United States and ineligible for Deferred Action for Childhood Arrivals (DACA).
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