Motion to Vacate Plea – Deportation

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Jose Alberto Reyes Fuerte

Case No.: 2015AP2041-CR

Officials: Lundsten, Sherman and Blanchard, JJ.

Focus: Motion to Vacate Plea – Deportation

Jose Alberto Reyes Fuerte pled guilty to attempting to flee or elude an officer and to operating a motor vehicle with a controlled substance in his blood. Reyes Fuerte contends that he is entitled to plea withdrawal because (1) when taking his pleas and advising him of the potential immigration consequences of his pleas, the circuit court failed to comply with both WIS. STAT. § 971.08 and our supreme court’s interpretation of that statute in State v. Douangmala, 2002 WI 62, 253 Wis. 2d 173, 646 N.W.2d 1, and (2) pursuant to the same authority, he has made a sufficient showing that one of his pleas was likely to result in his deportation. We agree that the circuit court failed to comply with the advisement requirement in § 971.08(1)(c). We also conclude that Reyes Fuerte’s plea withdrawal motion sufficiently alleges facts that, if true, demonstrate that his plea to the fleeing an officer charge was likely to result in his deportation. However, for reasons explained below, we decline to vacate Reyes Fuerte’s pleas. Instead, we reverse and remand for an evidentiary hearing at which Reyes Fuerte will have the opportunity to prove that the plea to fleeing an officer was likely to result in his deportation.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.