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Wis. high court denies request to withdraw plea

By: Associated Press//June 28, 2012//

Wis. high court denies request to withdraw plea

By: Associated Press//June 28, 2012//

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MADISON, Wis. (AP) – Wisconsin’s Supreme Court has denied a request from a Marquette County man who pleaded no contest to drug charges and later tried to withdraw his plea.

Lee Roy Cain of Montello was accused of growing marijuana at home. As part of a plea agreement, he pleaded no contest to having between five and 20 marijuana plants, and prosecutors dropped the other three charges.

During the plea hearing, neither Cain nor his lawyer objected when prosecutors claimed that 16 marijuana plants were found at his home.

Six months later, Cain asked to withdraw his plea, saying he had only four marijuana plants. He said he should be allowed to withdraw his plea.

The court ruled Thursday his original plea was valid.

Cain’s public defender said she didn’t have an immediate comment.

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