Criminal Procedure — plea withdrawal

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — plea withdrawal

Robert Brown appeals a judgment convicting him of repeated second-degree sexual assault of a child and an order denying his postconviction motion for plea withdrawal. Brown argues he is entitled to plea withdrawal because the plea colloquy failed to adequately confirm his understanding of two elements of the crime: (1) the meaning of “sexual contact”; and (2) the “specified period of time” within which at least three acts occurred.

We reject Brown’s claim with respect to the time-frame element. The State, however, concedes the colloquy was inadequate as to the meaning of “sexual contact.” Based on the State’s concession, we will reverse the order and remand the matter with directions to hold an evidentiary hearing on whether Brown understood the sexual contact element when he entered his guilty plea. This opinion will not be published.

2011AP2527-CR State v. Brown

Dist III, Washburn County, Harrington, J., Per Curiam

Attorneys: For Appellant: LaZotte, Paul G., Madison; For Respondent: Kassel, Jeffrey J., Madison; Bitney, Jerome M., Shell Lake