Criminal Procedure — party to a crime — plea colloquy

Listen to this article

Wisconsin Court of Appeals

Criminal

Criminal Procedure — party to a crime — plea colloquy

Where the defendant directly committed the crime, the circuit court was not required to explain party to a crime liability when accepting a guilty plea.

“Because Brown directly committed robbery with the threat of force, contrary to WIS. STAT. § 943.32(1)(b), he also could have been charged—as he was—with party to a crime liability. See § 939.05(2)(a). Although the trial court did not explain that, by directly committing the La Quinta robbery, Brown was ‘concerned’ in its commission as defined by the party to a crime statute, it did explain the elements of the crime that Brown directly committed. We therefore agree with the trial court that because the elements of direct liability for the La Quinta robbery were in fact explained, and because Brown admitted the facts demonstrating his direct liability—including that he threatened the hotel clerk with a knife, demanded money, and took approximately $170 from the cash drawer—it was not necessary in this circumstance for the trial court to additionally explain the concept of party to a crime liability.”

Affirmed.

Recommended for publication in the official reports.

2012AP236-CR & 2012AP237-CR State v. Brown

Dist. I, Milwaukee County, Sankovitz, J., Curley, J.

Attorneys: For Appellant: Pinix, Matthew S., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Probst, Robert, Madison