Criminal Procedure — plea withdrawal

Listen to this article

Wisconsin Court of Appeals

Criminal

Criminal Procedure — plea withdrawal

Matthew Allen Lilek appeals the judgment entered on his no-contest pleas to second-degree sexual assault, with use of force, and to aggravated battery. See Wis. Stat. §§ 940.225(2)(a) & 940.19(6). After the circuit court sentenced him to twenty years of initial confinement and fifteen years of extended supervision on the sexual-assault count, and to a concurrent term of three years of initial confinement and three years of extended supervision on the aggravated-battery count, Lilek sought to withdraw his pleas, contending that the circuit court did not adequately fulfill its responsibilities under Wis. Stat. § 971.08 to ensure that his pleas were, as phrased by § 971.08(1)(a), “made voluntarily with understanding of the nature of the charge and the potential punishment if convicted.” Lilek also argues that the circuit court erroneously exercised its sentencing discretion, and that it should not have ordered a re-evaluation of Lilek’s competency once a psychiatrist found that he was not competent to be tried. See Wis. Stat. § 971.14.

The circuit court denied Lilek’s postconviction motion. We reverse that order and remand the matter to the circuit court for an evidentiary hearing on the voluntariness of his pleas. Publication in the official reports is not recommended.

2012AP1855-CR State v. Lilek

Dist I, Milwaukee County, Dallet, J., Fine, J.

Attorneys: For Appellant: Grau, John J., Waukesha; For Respondent: Loebel, Karen A., Milwaukee; Larson, Sarah K., Madison