Criminal Procedure — plea withdrawal

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — plea withdrawal — manifest injustice

Ryan C. Demars appeals from a judgment of conviction entered upon his no contest plea to one count of second-degree sexual assault of a child, and from an order denying his postconviction motion for plea withdrawal after a partial evidentiary hearing. Demars argues that the trial court erred in declining to hold additional evidentiary proceedings because his postconviction motion alleged sufficient facts which, if true, would entitle him to withdraw his plea. We conclude that the trial court properly denied his motion for plea withdrawal because the record as a whole, including the limited testimony adduced at the postconviction hearing, conclusively demonstrates that plea withdrawal is not necessary to correct a manifest injustice. We affirm. This opinion will not be published.

2012AP1328-CR State v. Demars

Dist II, Winnebago County, Woldt, J., Per Curiam

Attorneys: For Appellant: Hyland, John D., Madison; For Respondent: Balistreri, Thomas J., Madison; Gossett, Christian A., Oshkosh