No-contest plea — petition for post-conviction relief

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Wisconsin Court of Appeals

Criminal

No-contest plea — petition for post-conviction relief

The defendant pleaded no contest to two Class A felonies, securities fraud (making an untrue statement) on two separate occasions, which are covered by two different statutes, WIS.

STAT. § 551.41(2) (2005–2006) and WIS. STAT. § 551.501(2) (2009–2010). He was allowed to choose two counts out of six to which to plead. He signed a Plea Questionnaire/Waiver of Rights form and was represented by counsel. He was sentenced to two six-year terms of imprisonment, with three years of confinement and three years of supervision, to be served consecutively. He was also ordered to pay restitution of $355,961.19.

The defendant sought to withdraw his no-contest pleas. In order to withdraw a plea, the defendant must prove that withdrawal is necessary to prevent a manifest injustice, which may be satisfied if counsel was constitutionally ineffective. It also may be established if the plea was not knowing or voluntary, or there was not a sufficient factual basis for the plea. The circuit court denied his petition for postconviction relief.

The defendant sought investors to further his musical career. The “investment contracts” at issue were securities under the statute. The factual basis for the plea was established and the contention that it was not borders on the frivolous, and the trial court fully complied with its duty to ensure that the defendant understood the charge. The defendant’s counsel was effective, and the postconviction proceeding is one of “buyer’s remorse.” Judgment affirmed.

2012AP2188-CR State v. Hudson

Dist I, Milwaukee County, Cimpl, Guolee, JJ., Fine, J.

Attorneys: For Appellant: Paulson, Randall E., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Weber, Gregory M., Madison; Whelan, Maura F.J., Madison