00-2749, 00-2750 In the Interest of Jennifer L.W., David R.W.: State v. Stacey R.W.

Listen to this article

Stacey R.W. appeals from a dispositional order finding that his two children are in need of protection and services. It is undisputed that at the plea hearing where Stacey admitted the allegations contained in the petitions, he trial court neglected to engage in a colloquy giving notice of certain rights. This colloquy is mandatory pursuant to Wis. Stat. sec. 48.30(2) and (8) (1999-2000). The question is whether such error was harmless. Wisconsin law establishes that the error is harmless unless the parent shows actual prejudice. Actual prejudice is shown if the parent convinces the trial court that he or she did not know of the right. Here, Stacey claims he did not know of his rights and the State claims he did. That requires a factual finding that only the trial court can make.

We reverse and remand for that purpose.

This opinion will not be published.

Dist II, Ozaukee County, Swietlik, J., Brown, P.J.

Attorneys:

For Appellant: Stacey R. Wilhelm, Saukeville

For Respondent: Dennis E. Kenealy, Port Washington