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Home / Opinion / 2009AP2727-CR State v. Lopez

2009AP2727-CR State v. Lopez

Criminal Procedure
Plea withdrawal

Ricardo Lopez appeals from a judgment of conviction and an order denying postconviction relief by which he sought to withdraw his plea to second-degree sexual assault of a child. Lopez contends that he did not enter his plea of no contest knowingly, intelligently and voluntarily. He claims that he did not understand the constitutional rights he was waiving by accepting the plea. To support this claim, he points to the transcript of the plea colloquy and alleges that it was deficient, in part because the trial court did not adequately ascertain that he understood the constitutional rights he was waiving. He further alleges that his attorney failed to explain his constitutional rights to him. At a postconviction motion hearing, the trial court acknowledged that the plea colloquy was deficient, but nonetheless found that there was enough information in the record to conclude that Lopez’s plea was knowing, intelligent, and voluntary. We affirm. Not recommended for publication in the official reports.

2009AP2727-CR State v. Lopez

Dist II, Sheboygan County, Van Akkeren, J., Brown, C.J.

Attorneys: For Appellant: Canright, Catherine M., Superior; For Respondent: DeCecco, Joseph R., Sheboygan; Kinnunen, Erik, Madison

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