Criminal Procedure — plea withdrawal — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — plea withdrawal — ineffective assistance

Diane Zimmerman wanted her husband dead so she offered Michael Isferding $50,000 and a new Harley-Davidson motorcycle to kill him. Isferding agreed to her offer and brutally stabbed Zimmerman’s husband but failed to kill him. Zimmerman was charged with party to the crime of attempted first-degree intentional homicide and proceeded to trial. The trial was not going well for Zimmerman and on the fourth day of trial she changed her plea to no contest. Zimmerman was sentenced to thirty-five years of initial confinement, eight years of extended supervision, and ordered to pay $185,000 in restitution. Zimmerman seeks: (1) withdrawal of her plea, alleging ineffective assistance of counsel; (2) resentencing on the grounds that the court failed to consider her “positive” character in a meaningful way; and (3) modification of the restitution amount given her inability to pay. We disagree with Zimmerman in all respects and affirm her conviction and sentence. Not recommended for publication in the official reports.

2011AP1948-CR State v. Zimmerman

Dist II, Racine County, Flancher, J., Reilly, J.

Attorneys: For Appellant: Holzman, Michael S., Waukesha; For Respondent: St. John, Rebecca Rapp, Madison