2010AP1404-CR State v. Servantez

By: WISCONSIN LAW JOURNAL STAFF//May 4, 2011//

Listen to this article

Criminal Procedure
Plea withdrawal; ineffective assistance

Roberto I. Servantez pled guilty to threats to injure, as a repeat offender. He appeals from the judgment of conviction, and from the order denying his postconviction motion to withdraw his plea and for a new trial. Servantez argues that defense counsel’s failure to advise him before he pled that an affirmative defense was available to him constituted ineffective assistance, rendered his plea defective and resulted in the real controversy not being tried. We affirm on the basis that counsel had no clear duty to inform him of the defense. This opinion will not be published.

2010AP1404-CR State v. Servantez

Dist II, Racine County, Simanek, J., Per Curiam

Attorneys: For Appellant: Jurek, Anthony J., Middleton; For Respondent: Nieskes, Michael E., Racine; Whelan, Maura F.J., Madison

Full Text

Select Region or Brand

Upcoming Event