Criminal Procedure — plea withdrawal — deferred prosecution agreements

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — plea withdrawal — deferred prosecution agreements

Adam W. Gilmour appeals from a judgment convicting him of homicide by negligent operation of a motor vehicle. The judgment was entered upon the revocation of his deferred prosecution agreement (DPA). On appeal, Gilmour argues that his inability to afford the cost of a jury trial was the primary impetus of his no contest plea, thus calling the integrity of the plea into question. The circuit court determined Gilmour was well aware of the circumstances of his plea and requested withdrawal only after the terms of his DPA were no longer favorable to him. Upon our review of the briefs and record, we conclude that Gilmour is not entitled to withdraw his plea because he has failed to credibly establish that his plea was involuntary. We affirm the judgment. Not recommended for publication in the official reports.

2011AP878-CR State v. Gilmour

Dist II, Winnebago County, Key, J., Neubauer, P.J.

Attorneys: For Appellant: Carroll, John M., Appleton; For Respondent: Wellman, Sally L., Madison; Gossett, Christian A., Oshkosh