Criminal Procedure — plea withdrawal

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — plea withdrawal

Justin L. Garrett appeals the denial of his postconviction motion to withdraw his no contest plea and modify his sentence. Garrett was convicted of fourth-degree sexual assault upon his plea of no contest to that charge. Garrett moved to withdraw his plea after he was sentenced. Garrett argues that his plea was not knowingly, intelligently, and voluntarily made as he did not understand the nature of the offense and the rights he was waiving. Garrett also argues that the imposition of absolute sobriety and potential alcohol and drug treatment was unreasonable, inappropriate, and an erroneous exercise of the circuit court’s discretion. We conclude that Garrett’s plea was made knowingly, intelligently, and voluntarily, and that Garrett had a sufficient understanding of his crime and the rights he was waiving. We also hold that the conditions placed on Garrett’s probation were reasonable, appropriate, and within the circuit court’s discretion. This opinion will not be published.

2012AP1341-CR State v. Garrett

Dist II, Winnebago County, Bissett, J., Reilly, J.

Attorneys: For Appellant: Thomas, Chad R., Wrightstown; For Respondent: Weber, Gregory M., Madison; Levin, Adam Joseph, Oshkosh