Criminal Procedure – plea withdrawal — prejudice

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Wisconsin Supreme Court

Criminal

Criminal Procedure – plea withdrawal — prejudice

Where the state would no longer be able to present recorded interviews of the victim at trial, because of the victim’s current age, the state would be prejudiced by permitting the defendant to withdraw her guilty plea.

“The State contends that the circuit court properly exercised its discretion in determining that the State would be substantially prejudiced if Lopez were allowed to withdraw her pleas.  The State argues that, because the victim is now over 16 years of age, allowing Lopez to withdraw her pleas would prevent it from presenting important audiovisual interviews of the victim at trial.  The State asserts that the circuit court was correct to conclude that the State would be substantially prejudiced because, without the audiovisual evidence, it would be more difficult for the State to prove its case, the victim’s memory had faded during the pendency of the action, and it was in the best interests of the victim not to be forced to testify.”

“We hold that the circuit court did not erroneously exercise its discretion when it determined that the State would be substantially prejudiced if Lopez were allowed to withdraw her pleas.”

Reversed.

2011AP2733-CR State v. Lopez

Ziegler, J.

Attorneys: For Appellant: FitzGerald, Patricia A., Mt. Horeb; For Respondent: Stephan, Corey C., Madison; O’Neil, Aaron R., Madison