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Criminal Procedure — ineffective assistance — plea withdrawal

By: WISCONSIN LAW JOURNAL STAFF//February 14, 2013//

Criminal Procedure — ineffective assistance — plea withdrawal

By: WISCONSIN LAW JOURNAL STAFF//February 14, 2013//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance — plea withdrawal

Ryan L. Kohlhoff appeals a judgment of conviction and order denying postconviction relief. The issues presented are whether: (1) Kohlhoff is entitled to withdraw his no contest plea to a misdemeanor crime involving domestic violence because the court did not accurately inform him that his plea would result in him losing the right to possess a firearm; and (2) Kohlhoff is entitled to a Machner hearing on whether defense counsel was ineffective by failing to request a deferred prosecution agreement during plea negotiations. For the reasons explained below, we affirm. This opinion will not be published.

2012AP1144-CR State v. Kohlhoff

Dist IV, Dodge County, Pfitzinger, J., Higginbotham, J.

Attorneys: For Appellant: Fincke, Waring R., West Bend; For Respondent: Tienstra, Yolanda J., Juneau; Weber, Gregory M., Madison; Sempf, James T., Juneau

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