Court Error – Plea Bargain

By: Derek Hawkins//December 21, 2016//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Shannon Olance Hendricks

Case No.: 2015AP2429-CR

Officials: Lundsten, Sherman and Blanchard, JJ.

Focus: Court Error – Plea Bargain

Shannon Hendricks argues that the circuit court erred when it denied his postconviction plea withdrawal motion. Hendricks contends that the plea hearing transcript reveals a plea colloquy defect within the meaning of State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986). More specifically, Hendricks argues that it was error for the court to fail to inquire into Hendricks’ understanding of the intent-to-have-sexual-contact alternative that was part of the charged child enticement offense. Although we question some of the law that binds us, we ultimately agree with the circuit court that, under this law, there was no plea colloquy defect. We therefore affirm.

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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.

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