Criminal Procedure — right to counsel — unequivocal invocation

Wisconsin Court of Appeals

Criminal

Criminal Procedure — right to counsel — unequivocal invocation

Raul Gonzales appeals a judgment convicting him of causing mental harm to a child. He entered a no-contest plea after the court denied his motion to suppress statements he made to detective Walter Wall. Pursuant to Wis. Stat. § 971.31(10) (2009-10), Gonzales seeks review of the order denying the motion to suppress. Because we conclude that Gonzales unequivocally invoked his right to counsel before making any incriminatory statements, we reverse the judgment and remand the matter for further proceedings at which Gonzales’ statements will not be admissible. This opinion will not be published.

2011AP1990-CR State v. Gonzales

Dist II, Waukesha County, Gundrum, J., Per Curiam

Attorneys: For Appellant: Bonneson, Paul G., Milwaukee; For Respondent: Balistreri, Thomas J., Madison; Schimel, Brad, Waukesha