02-1124-CR State v. Harrell

By: dmc-admin//October 7, 2002//

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Mario D. Harrell appeals from a judgment and an order denying his postconviction motion for a hearing pursuant to State v. Machner, 101 Wis.2d 79, 303 N.W.2d 633 (1981), to determine whether trial counsel was ineffective for failing to advise him of his right to substitute judges, and to withdraw his guilty plea accordingly. Harrell claims that the trial court should have granted his postconviction motion because the right to substitute judges is a statutorily guaranteed right afforded to defendants to exercise unquestioned and, therefore, his trial counsel was ineffective in not mentioning it to him.

Because the trial court did not err when it denied his postconviction motion, this court affirms.

This opinion will not be published.

Dist I, Milwaukee County, Stamper, J., Wedemeyer, P.J.

Attorneys:

For Appellant: Allen E. Schatz, Milwaukee

For Respondent: Deborah D. Daley, Milwaukee; Thomas J. McAdams, Milwaukee

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