01-0206-CR State v. Polk

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Johnny D. Polk appeals from a judgment entered on no contest pleas to two counts of battery as a habitual criminal. Polk also appeals from an order denying his postconviction motion. Polk claims: (1) he received ineffective assistance of counsel from Attorneys Thomas Bartell and Leroy Jones; (2) the trial court should have conducted a Machner hearing on the ineffective assistance claim; (3) the trial court erroneously exercised its discretion when it denied the third requested adjournment; and (4) he should be allowed to withdraw his pleas, either because they were coerced or because there was an insufficient factual basis to accept the pleas. Because Polk failed to demonstrate a valid ineffective assistance of counsel claim, because the trial court was not required to hold a Machner hearing, because the trial court did not erroneously exercise its discretion when it denied the request for an adjournment, and because Polk has failed to demonstrate a manifest injustice necessary for plea withdrawal, this court affirms.

This opinion will not be published.

Dist I, Milwaukee County, Kremers, J., Wedemeyer, P.J.

Attorneys:

For Appellant: Jennelle London Joset, Milwaukee

For Respondent: Jeremy L. Resar, Milwaukee