By: Derek Hawkins//December 28, 2017//
WI Supreme Court
Case Name: State of Wisconsin v. Jose Alberto Reyes Fuerte
Case No.: 2017 WI 104
Focus: Plea Withdrawal – Harmless Error
This is a review of a published decision of the court of appeals that reversed the Columbia County Circuit Court’s order denying Jose Alberto Reyes Fuerte’s (“Reyes Fuerte”) motion to withdraw two guilty pleas for two separate criminal violations. The motions for withdrawal were made pursuant to Wis. Stat. § 971.08(2) (2013- 14). State v. Reyes Fuerte, 2016 WI App 78, 372 Wis. 2d 106, 887 N.W.2d 121.
The State argues that motions to withdraw a guilty plea pursuant to Wis. Stat. § 971.08(2) should be subject to harmless error analysis pursuant to Wis. Stat. §§ 971.26 and 805.18, and thus this court should overrule its decision in State v. Douangmala, 2002 WI 62, 253 Wis. 2d 173, 646 N.W.2d 1. The State asks this court to remand this matter to the circuit court for a Bangert hearing in order to determine whether Reyes Fuerte knew of the potential immigration consequences of his plea at the time of the plea hearing.
We hold that Douangmala was objectively wrong because it failed to properly consider the harmless error statutes, Wis. Stat. §§ 971.26 and 805.18, and is thus overruled. Applying harmless error analysis, we further hold that the circuit court’s error in this case was harmless as a matter of law and thus reverse the decision of the court of appeals.
Reversed
Concur:
Dissent: ABRAHAMSON, J. dissents, joined by A.W. BRADLEY, J. (opinion filed).