Criminal Procedure — plea withdrawal

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Wisconsin Supreme Court

Criminal

Criminal Procedure — plea withdrawal

Where a defendant seeks to withdraw a guilty plea under sec. 971.08(2), but there is no transcript of the plea hearing, the pleading requirements for such motions are those set forth in State v. Bentley, 201 Wis. 2d 303, 310, 548 N.W.2d 50 (1996).

“We conclude that the more broadly applicable Bentley-type plea withdrawal standard of review is appropriate here. In so concluding, we also hold that Bangert’s burden shifting procedure is not applicable under these circumstances because the Bangert procedure is predicated on a defendant making ‘a pointed showing’ of an error in the plea colloquy by reference to the plea colloquy transcript. See Hampton, 274 Wis. 2d 379, ¶46. Because Negrete has made no such showing, Bangert’s burden shifting procedure is inapplicable.”

“Accordingly, in applying the Bentley-type standard of review, we independently review whether Negrete’s motion alleges sufficient facts that, if true, would entitle him to withdraw his plea. Additionally, because we conclude that Negrete’s motion did not allege sufficient facts to entitle him to relief, we review the circuit court’s decision to deny his motion under an erroneous exercise of discretion standard.”  Affirmed.

2010AP1702 State v. Negrete

Roggensack, J.

Attorneys: For Appellant: Jensen, Jeffrey W., Milwaukee; For Respondent: Bensen, Mark, West Bend; Burgundy, Sarah, Madison