Motor Vehicles – OWI — plea withdrawal

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — plea withdrawal

Stephen Robert Felix Schurk appeals the judgment convicting him of operating a motor vehicle while intoxicated, third offense, and duty upon striking an occupied or attended vehicle (“hit and run”), contrary to Wis. Stat. §§ 346.63(1)(a) and 346.67(1) (2011‑12).[1] He also appeals the order denying his postconviction motion. Schurk contends that he should have been allowed to withdraw his guilty pleas for two reasons. First, the trial court failed to advise him that the court was not bound by any plea negotiations, which constituted a State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986) violation that would permit him to withdraw his guilty pleas. Second, Schurk contends that because the trial court failed to ask him whether anyone had made any promises or threats to him to enter his pleas, and because the plea negotiations were “forced” upon him, his pleas were not entered freely, intelligently and voluntarily. Although the trial court did not specifically advise Schurk that the trial court was not bound by any plea negotiations, nor did the trial court ask Schurk if anyone had made any promises or threats to get him to plead guilty, Schurk admitted signing the guilty plea questionnaire, which spelled out both of those admonitions. In addition, he stated that he had gone over the guilty plea questionnaire with his attorney and he had no questions. Consequently, Schurk has failed to show a manifest injustice that would permit him to withdraw his pleas, and this court affirms. This opinion will not be published.

2012AP1501-CR State v. Schurk

Dist I, Milwaukee County, Hansher, J., Curley, P.J.

Attorneys: For Appellant: Betthauser, Charles David, Waukesha; For Respondent: DeCarvalho, Phyllis M., Milwaukee; Loebel, Karen A., Milwaukee; Weber, Gregory M., Madison