By: Derek Hawkins//December 6, 2017//
WI Court of Appeals – District I
Case Name: State of Wisconsin v. Tyrine Javor Donald
Case No.: 2016AP1626-CR
Officials: Brennan, P.J., Kessler and Brash, JJ
Focus: Plea Withdrawal – Ineffective Assistance of Counsel
Tyrine Javor Donald appeals a conviction for possessing heroin with intent to deliver. Following his guilty plea and conviction, Donald moved to withdraw his plea on the grounds that he received ineffective assistance of counsel. He argued that he was prejudiced by counsel’s failure to challenge the legality and scope of the police frisk that led to the evidence. Following a traffic stop, an officer had frisked Donald, and during that frisk, the officer felt an object concealed in Donald’s pants. A strip search conducted at the police station revealed that the object was a bag of heroin. The circuit court denied Donald’s motion without a hearing. We now affirm.