Criminal Procedure — ineffective assistance — plea withdrawal — deportation warning

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — ineffective assistance — plea withdrawal — deportation warning

Oscar Santiago-Valdez appeals an order denying his postconviction motion for plea withdrawal. He argues the circuit court did not adequately advise him of the immigration consequences of his guilty plea, as required by Wis. Stat. § 971.08(1)(c), because it did not recite the statutory language verbatim. He also argues his trial attorney was ineffective by failing to inform him deportation was a certain consequence of his plea.

We conclude the circuit court was not required to read the deportation warning set forth in Wis. Stat. § 971.08(1)(c) verbatim, and the warning the court gave Santiago-Valdez substantially complied with the statute. We also conclude Santiago-Valdez has not met his burden of proving ineffective assistance. We therefore affirm. This opinion will not be published.

2013AP81 State v. Santiago-Valdez

Dist III, Brown County, Walsh, J., Per Curiam

Attorneys: For Appellant: Fagundes, Luca L., Green Bay; For Respondent: Pray, Eileen W., Madison; Lasee, David L., Green Bay