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2010AP370-CR State v. Scott

Criminal Procedure
Plea withdrawal; evidentiary hearing

Matthew Scott appeals from a judgment convicting him of second-degree sexual assault of a child and from an order denying his postconviction motion seeking to withdraw his guilty plea. We conclude that the circuit court should have held an evidentiary hearing on Scott’s motion to withdraw his plea. Therefore, we reverse the order denying Scott’s postconviction motion and remand for an evidentiary hearing. We affirm the judgment of conviction because plea withdrawal must be determined in a postconviction evidentiary hearing. This opinion will not be published.

2010AP370-CR State v. Scott

Dist II, Waukesha County, Mac Davis, J., Per Curiam

Attorneys: For Appellant: Buting, Jerome F., Brookfield; For Respondent: Wren, Christopher G., Madison; Schimel, Brad, Waukesha

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