Criminal Procedure — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Salvador Pelestor-Jimenez appeals from a judgment of conviction, entered upon a jury’s verdicts, on one count of false imprisonment and one count of attempted first-degree intentional homicide, both as party to a crime. Pelestor-Jimenez also appeals from an order denying, without a hearing, his postconviction motion for a new trial. Pelestor-Jimenez claims he received ineffective assistance of trial counsel when counsel failed to tell him that he could enter a plea to false imprisonment without admitting being armed with a dangerous weapon as charged. The circuit court rejected the motion as vague and insufficient. We agree and affirm. This opinion shall not be published.

2011AP2741-CR State v. Pelestor-Jimenez

Dist I, Milwaukee County, Hansher, J., Per Curiam

Attorneys: For Appellant: Ewald-Herrick, Elizabeth, Merton; For Respondent: Loebel, Karen A., Milwaukee; Wren, Christopher G., Madison