01-2004-CR State v. Sullivan

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Brian Sullivan appeals the judgment of conviction for resisting an officer as a repeater, which was entered based on Sullivan’s plea, and the order denying his postconviction motion to withdraw his plea or be resentenced. The motion was denied under Wis. Stat. Rule 809.30(2)(i) because the court had not decided it within 60 days. Sullivan contends he is entitled to an evidentiary hearing on his motion and he asks that we remand to the trial court for that purpose. We conclude Sullivan is entitled to an evidentiary hearing on his claim that trial counsel was ineffective for failing to object to the prosecutor’s reference to two other cases on the ground that it was a breach of the plea agreement, but he is not entitled to an evidentiary hearing on his claim that trial counsel coerced him into entering a guilty plea.

We therefore reverse and remand for an evidentiary hearing on the former issue.

This opinion will not be published.

Dist IV, Jackson County, Damon, J., Vergeront, P.J.

Attorneys:

For Appellant: Todd L. Ziegler, Sparta

For Respondent: Margaret M. Rewald, Black River Falls; Anna L. Becker, Black River Falls