2010AP1624 State v. Trattner

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Criminal Procedure
Plea withdrawal; successive appeals

Steve Trattner appeals from an order denying his Wis. Stat. § 974.06 (2009-10), motion to withdraw his no contest plea to first-degree reckless homicide. He contends that his plea was not knowingly, voluntarily and intelligently entered because he was not aware, as illustrated in State v. Miller, 2009 WI App 111, 320 Wis. 2d 724, 772 N.W.2d 188, review denied, 2010 WI 5, 322 Wis. 2d 123, 779 N.W.2d 176 (No. 2007AP1052-CR), that imperfect self-defense can negate the “utter disregard for human life” element of first-degree recklessness. The trial court concluded that Miller did not make new law and, therefore, Trattner’s § 976.06 motion was procedurally barred because he failed to establish a sufficient reason for not challenging his plea in his first appeal. We agree and affirm. This opinion will not be published.

2010AP1624 State v. Trattner

Dist II, Ozaukee County, Wolfgram, J., Per Curiam

Attorneys: For Appellant: Henak, Robert R., Milwaukee; For Respondent: O’Brien, Daniel J., Madison; Gerol, Adam Y., Port Washington

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