Criminal Procedure — plea withdrawal

By: WISCONSIN LAW JOURNAL STAFF//August 14, 2012//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — plea withdrawal

Anthony Miller appeals a judgment, entered upon his guilty pleas, convicting him of two counts of possessing child pornography.

Miller also appeals the order denying his postconviction motion for plea withdrawal. Miller argues he is entitled to withdraw his pleas because (1) the plea colloquy failed to define an element of the crime; and (2) he was denied the effective assistance of trial counsel. Alternatively, Miller contends the circuit court failed to properly exercise its discretion when it imposed a sentence in excess of the presumptive mandatory minimum. We reject Miller’s arguments and affirm the judgment and order. This opinion will not be published.

2011AP1726-CR State v. Miller

Dist III, St. Croix County, Vlack, J., Per Curiam

Attorneys: For Appellant: Buting, Jerome F., Brookfield; For Respondent: Johnson, Eric G., Hudson; Noet, Nancy A., Madison

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