Miranda Warnings – Motion to Suppress

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. David Lee

Case No.: 2015AP1977-CR

Officials: Brennan, P.J., Kessler and Brash, JJ.

Focus: Miranda Warnings – Motion to Suppress

David Lee appeals from a judgment of conviction entered after he pled guilty to the following crimes: two counts of being a felon in possession of a firearm; one count of possession of cocaine with intent to deliver (more than 40 grams); one count of possession with intent to deliver THC (between 2500 and 10,000 grams); and one count of possession of methamphetamine. See WIS. STAT. §§ 941.29(2)(a), 961.41(1m)(cm)4., 961.41(1m)(h)4., & 961.41(3g)(g) (2011-12). Prior to sentencing, Lee moved to withdraw his pleas, asserting that his trial counsel provided ineffective assistance by failing to file a suppression motion alleging a Miranda violation. See Miranda v. Arizona, 384 U.S. 436 (1966). The trial court concluded that Lee was not prejudiced by any alleged deficiency in his trial counsel’s performance because even if trial counsel had filed such a motion, it would have been denied. Having rejected Lee’s allegations of ineffective assistance of counsel, the trial court found that Lee had not shown a “fair and just reason” to withdraw his pleas prior to sentencing. See State v. Jenkins, 2007 WI 96, ¶32, 303 Wis. 2d 157, 736 N.W.2d 24 (recognizing that a defendant can withdraw his plea prior to sentencing if he proves “by a preponderance of the evidence that he has a fair and just reason”). On appeal, Lee argues that the suppression motion would have been granted if his trial counsel had brought it and, therefore, his allegations of ineffective assistance constituted a fair and just reason to withdraw his guilty pleas prior to sentencing. We reject his argument and affirm.

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