02-0729-CR State v. Haut

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Gerold Haut appeals from a judgment of conviction entered on a guilty plea to one count of first-degree intentional homicide and one count of attempted first-degree intentional homicide. He also appeals an order denying his motion for postconviction relief. Haut seeks to withdraw his plea, contending there is no factual basis to support it. Specifically, Haut contends the court erred by relying on the complaint and preliminary hearing testimony in accepting the plea. Haut also argues this evidence does not support a finding of his intent to kill. Finally, he contends the court failed to consider whether his conduct amounted to a provocation defense. We determine the court did not err by relying on the complaint and preliminary hearing testimony and that this evidence supports a finding Haut intended to kill.

In addition, we determine there is no basis in this evidence to show Haut was provoked and therefore affirm the judgment and order.

Not recommended for publication in the official reports.

Dist III, Shawano County, Grover, J., Cane, C.J.

Attorneys:

For Appellant: Edward J. Hunt, Milwaukee

For Respondent: Gary R. Bruno, Shawano; William C. Wolford, Madison