Criminal Procedure — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance

Elliot V. Landrum, pro se, appeals from an order of the circuit court, which denied his Wis. Stat. § 974.06 motion for postconviction relief without a hearing. Landrum alleged that he received ineffective assistance of trial counsel when his attorney allowed him to enter guilty pleas without (1) fully litigating a suppression motion and (2) obtaining an express ruling on Landrum’s competency. Landrum also contends that the prosecutor abused his discretion in charging Landrum with attempted first-degree intentional homicide, a charge Landrum believes was never supported by the facts. The circuit court rejected the motion, concluding that the guilty pleas forfeited any right to pursue the suppression motion; there was no basis on which the circuit court could have found Landrum incompetent; and the prosecutor did not abuse his charging discretion but, in any event, Landrum pled to a lesser charge and so was not prejudiced by the original charge. We affirm the order. This opinion shall not be published.

2011AP2195 State v. Landrum

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

Attorneys: For Appellant: Landrum, Elliott V., pro se; For Respondent: Loebel, Karen A., Milwaukee; O’Brien, Daniel J., Madison