01-1839-CR State v. Cook

By: dmc-admin//February 4, 2002//

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Shane Cook appeals a judgment of conviction and sentence for two counts of forgery-uttering, as a party to the crime to which he pleaded no contest. On appeal Cook contends the forgery charges must be dismissed with prejudice because the preliminary examination was not timely held and because his right to a speedy trial was violated. We conclude that by pleading no contest, Cook waived the issues of the timeliness of the preliminary examination and the right to a speedy trial. Cook also seeks resentencing because the court conducted the plea and sentencing hearing by speakerphone. We conclude that, even if the court erred in utilizing that procedure with Cook’s consent, that error was harmless.

We therefore affirm the judgment and sentence.

Not recommended for publication in the official reports.

Dist IV, Columbia County, Bissonnette, J., Vergeront, P.J.

Attorneys:

For Appellant: Adrienne R. Borisy, Madison

For Respondent: Jane E. Kohlwey, Portage; William C. Wolford, Madison

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