01-0361-CR State v. Moder

By: dmc-admin//December 10, 2001//

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Richard Moder appeals an order denying his motion to withdraw his guilty plea based on newly discovered evidence. The trial court concluded that Moder was negligent for not discovering the evidence before his plea hearing.

Because Moder failed to meet the test for newly discovered evidence and the trial court properly exercised its discretion when it denied his motion to withdraw his plea, we affirm the order.

This opinion will not be published.

Dist III, Brown County, Bischel, J., Per Curiam

Attorneys:

For Appellant: James B. Connell, Wausau

For Respondent: Eileen W. Pray, Madison; John P. Zakowski, Green Bay; Maura F.J. Whelan, Madison

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