Criminal Procedure — right to be present — guilty pleas — waiver

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Wisconsin Supreme Court

Criminal

Criminal Procedure — right to be present — guilty pleas — waiver

Section 971.04(1)(g) provides a criminal defendant the statutory right to be in the same courtroom as the presiding judge when a plea hearing is held, but the right may be waived.

“When videoconferencing is proposed for a plea hearing at which it is anticipated that judgment will be pronounced, the judge should enter into a colloquy with the defendant that explores the effectiveness of the videoconferencing then being employed. In that regard, the judge shall ascertain whether the defendant and his attorney, if represented by counsel, are able to see, speak to and hear the judge and that the judge can see, speak to and hear the defendant and counsel. The judge shall also ascertain, either by personal colloquy or by some other means, whether the defendant knowingly, intelligently, and voluntarily consents to the use of videoconferencing. In so doing, questions should be asked to suggest to the defendant that he has the option of refusing to employ videoconferencing for a plea hearing at which judgment will be pronounced.”

Affirmed.

2010AP2273-CR State v. Soto

Roggensack, J.

Attorneys: For Appellant: Harvey, Chandra N., Madison; For Respondent: Marsolek, Jeri A., Galesville; Whelan, Maura F.J., Madison