By: WISCONSIN LAW JOURNAL STAFF//January 24, 2012//
Wisconsin Court of Appeals
Criminal
Criminal Procedure — ineffective assistance
Tony A. Horton, pro se, appeals from an order denying his Wis. Stat. § 974.06 (2009-10) motion without a hearing. Horton claimed that trial counsel had been ineffective for failing to turn transcripts over to Horton after his case concluded, failing to argue a suppression motion, and failing to investigate. The circuit court denied the motion because no postconviction proceedings were commenced so there were no transcripts; Horton had entered a guilty plea, thereby abandoning the suppression motion; and the claim that counsel had failed to investigate was conclusory. We agree and affirm. This opinion shall not be published.
Dist I, Milwaukee County, DiMotto, J., Per Curiam
Attorneys: For Appellant: Horton, Tony A., pro se; For Respondent: Loebel, Karen A., Milwaukee; Weber, Gregory M., Madison