2010AP15-CR State v. Wesley

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Criminal Procedure
Ineffective assistance

Richard Wesley appeals from a circuit court order denying his postconviction motion alleging ineffective assistance of trial counsel. The circuit court denied the motion because Wesley did not testify at the evidentiary hearing on his motion, and he did not establish that he was prejudiced by his counsel’s conduct at sentencing. We affirm.

Wesley pled guilty to hit and run involving death. We affirmed his conviction. State v. Wesley, 2009 WI App 118, 321 Wis. 2d 151, 772 N.W.2d 232 (Wesley I). However, we reversed the circuit court order denying Wesley’s postconviction motion alleging ineffective assistance of trial counsel, and we remanded to the circuit court for a hearing on Wesley’s claim. Id., ¶24. This appeal is taken from the proceedings on remand. This opinion will not be published.

2010AP15-CR State v. Wesley

Dist II, Kenosha County, Barry, J., Per Curiam

Attorneys: For Appellant: Ugent, Alvin R., Milwaukee; For Respondent: Zapf, Robert D., Kenosha; Lloyd, Katherine Desmond, Madison

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