By: Derek Hawkins//October 11, 2016//
WI Court of Appeals – District I
Case Name: State of Wisconsin v. Matthew Allen Lilek
Case No.: 2014AP784-CR
Officials: Curley, P.J., Kessler and Brash, JJ.
Focus: Plea Withdrawal
Matthew Allen Lilek appeals from a judgment of conviction entered pursuant to his no-contest pleas to charges of second-degree sexual assault, with use of force, and to aggravated battery. Lilek also appeals the order denying his postconviction motion, and the post-remand court’s order denying his motion to withdraw his pleas following an evidentiary hearing on remand.
On appeal, Lilek argues that: (1) he did not enter his pleas voluntarily, knowingly, and intelligently; (2) the trial court erroneously exercised its sentencing discretion; and (3) the trial court should not have ordered subsequent competency examinations after the initial report opined that Lilek was incompetent and was not likely to regain competency. We disagree and affirm.