Criminal Procedure — plea withdrawal — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — plea withdrawal — ineffective assistance

Travis J. Guttu appeals a circuit court order denying his consolidated motions for postconviction relief from judgments convicting him of second-degree sexual assault, aggravated battery, and other offenses. Guttu argues that he should be allowed to withdraw his plea to the sexual assault charge because one of his attorneys was ineffective in failing to raise Guttu’s alleged lack of knowledge of Wis. Stat. ch. 980 (2009-10) (“Chapter 980”) at the time of the plea as a ground for pre-sentencing plea withdrawal. Guttu separately argues that he should be allowed to withdraw his plea to the aggravated battery charge because his plea was not knowing, intelligent, and voluntary, based on the circuit court’s alleged failure to ensure that Guttu sufficiently understood the elements of the charge. We reject these arguments and affirm the order. Not recommended for publication in the official reports.

2012AP128-CR, 2012AP129-CR State v. Guttu

Dist III, Brown County, Atkinson, J., Blanchard, J.

Attorneys: For Appellant: Morgan, Andrew H., Sheboygan; For Respondent: Kassel, Jeffrey J., Madison; Lasee, David L., Green Bay