Criminal Procedure — plea withdrawal — immigration warning

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — plea withdrawal — immigration warning

APPEAL from an order of the circuit court for Milwaukee County: CLARE L. FIORENZA, Judge. Affirmed.

Rohit Chand appeals the order denying his petition for writ of coram nobis and the denial of his postconviction motion for plea withdrawal. Chand
argues that he is entitled to withdraw his guilty plea because the circuit court did not state verbatim the immigration warning set forth in Wis. Stat.
§ 971.08(1)(c) (2011-12). Additionally, Chand argues that he is entitled to a writ of coram nobis as a result of factually erroneous information
regarding the immigration ramifications of his guilty plea. The postconviction court concluded Chand was not entitled to plea withdrawal because the
circuit court substantially complied with the immigration warning. In a separate order, the postconviction court denied Chand’s petition for writ of
coram nobis explaining that Chand was really making an ineffective-assistance-of-counsel claim, which exceeded the scope of the writ. We agree with
both conclusions and affirm.

Affirmed.

2014A1874-CR State v. Rohit Chand

Dist I, Milwaukee County, CLARE L. FIORENZA, Judge

Attorneys: For Appellant: Block, Harold D. For Respondent: Loebel, Karen A.; Noet, Nancy A.; Hauer, Paul M.

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