01-3326-CR, 01-3327-CR State v. Engebretson

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Jeremy Engebretson appeals his conviction for second-degree sexual assault of a child, and burglary as party to the crime, and the circuit court’s order denying postconviction relief. Engebretson argues that he is entitled to withdraw his no contest pleas to sexual assault of a child and burglary because he did not make them in conformity with Wis. Stat. sec. 971.08(1). Alternatively, Engebretson argues that he complied with the terms of his deferred prosecution agreement and is therefore entitled to the dismissal of these convictions. We conclude that Engebretson made his no contest plea to burglary consistent with the statutory requirements in sec. 971.08(1). However, because we conclude that the circuit court did not ascertain on the record whether Engebretson understood the elements of sexual assault of a child before accepting his plea to this charge, we remand to the circuit court for an evidentiary hearing to determine whether Engebretson made this plea voluntarily and knowingly. If the circuit court concludes that Engebretson pled voluntarily and knowingly, we affirm the circuit court’s determination that Engebretson breached his deferred prosecution agreement by failing to participate in sex offender treatment. However, in the event the circuit court concludes that Engebretson did not plead voluntarily and knowingly, Engebretson is entitled to withdraw his plea and be tried on the sec. 948.02(2) charge.

Not recommended for publication in the official reports.

Dist IV, Sauk County, Taggart, J., Roggensack, J.

Attorneys:

For Appellant: Steven Cohen, Madison

For Respondent: Patricia A. Barrett, Baraboo; Elizabeth C. Stone, Madison