Criminal Procedure — plea withdrawal

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — plea withdrawal

Tyrone Robinson appeals a judgment of conviction, entered after he pled no contest to second-degree sexual assault of a child and false imprisonment, as well as an order denying his postconviction motion. See Wis. Stat. § 948.02(2) and § 940.30 (2011-12). On appeal, Robinson argues that he is entitled to withdraw his plea of no contest to the sexual assault count because the plea colloquy did not conform to Wis. Stat. § 971.08 in that he was never informed, and was otherwise unaware, that the State had to prove sexual gratification as an element of the offense. Robinson also challenges the sentence imposed on the sexual assault count. For the reasons set forth below, we affirm the judgment and order of the circuit court. This opinion will not be published.

2012AP432-CR State v. Robinson

Dist IV, Dane County, Ehlke, J., Per Curiam

Attorneys: For Appellant: Schoenfeldt, Mark A., Milwaukee; For Respondent: Rusch, Shelly J., Madison; Whelan, Maura F.J., Madison