01-2883-CR, 02-0378-CR State v. Gallagher

By: dmc-admin//July 22, 2002//

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David Gallagher appeals his conviction for having sexual intercourse with a child under the age of 13, and an order denying postconviction relief. Gallagher argues that the trial court failed to determine that he understood the nature of the offense before accepting his no contest plea. Specifically, Gallagher contends that he was not advised of and did not understand the elements of the offense. We disagree and conclude that Gallagher understood the elements of the offense with which he was charged and that the record shows that he entered his no contest plea voluntarily, knowingly and intelligently.

We therefore affirm the judgment and order.

This opinion will not be published.

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

Attorneys:

For Appellant: Mark R. Fremgen, Oshkosh

For Respondent: John P. Zakowski, Green Bay; Susan M. Crawford, Madison

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