2010AP1414-CR State v. Bonner

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Criminal Procedure
Plea withdrawal; self-representation

This is an appeal of the circuit court’s denial of a motion to withdraw a guilty plea which was entered by an unrepresented defendant. The motion to withdraw the plea occurred after sentencing. The State joins in Bonner’s request that he be allowed to withdraw his plea. After independent review of the entire record, we conclude that a manifest injustice requires withdrawal of the plea because the record specifically establishes that the defendant was misinformed by the circuit court as to an element of the crime, and the record does not establish that the defendant was aware of the difficulties and disadvantages of self-representation or that he was competent to proceed pro se. Consequently, we reverse and remand. This opinion will not be published.

2010AP1414-CR State v. Bonner

Dist I, Milwaukee County, Cimpl, J., Kessler, J.

Attorneys: For Appellant: Coffey, Dennis P., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Weber, Gregory M., Madison; Neuleib, Jon, Milwaukee

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