2010AP186-CR State v. Evans

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Criminal Procedure
Successive appeals

Raymon Evans appeals a judgment convicting him of being party to the crimes of armed robbery with threat of force and aggravated battery with intent to cause great bodily harm, each as a repeat offender, and an order denying his postconviction motion for plea withdrawal. He claims he is entitled to an evidentiary hearing to determine whether he understood the elements of the crime, including party-to-the-crime liability. The State contends that Evans is procedurally barred from challenging his plea at this stage in the proceeding, either because he already litigated a prior plea withdrawal motion or because he failed to raise the issue on a prior postconviction motion. For the reasons discussed below, we conclude that the trial court properly denied Evans’ second postconviction motion without a hearing. This opinion will not be published.

2010AP186-CR State v. Evans

Dist IV, Dane County, Ebert, Genovese, JJ., Per Curiam

Attorneys: For Appellant: LaZotte, Paul G., Madison; For Respondent: Wellman, Sally L., Madison; Rusch, Shelly J., Madison

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