By: Derek Hawkins//January 30, 2018//
WI Court of Appeals – District I
Case Name: State of Wisconsin v. Mark Daniel Cabagua
Case No.: 2015AP2267
Officials: Brennan, P.J., Brash and Dugan, JJ.
Focus: Ineffective Assistance of Counsel
Mark Daniel Cabagua, pro se, appeals the circuit court order denying his WIS. STAT. § 974.06 (2015-16) motion to withdraw his Alford pleas to repeated sexual assault of a child, first-degree sexual assault of a child, and second-degree sexual assault of a child. We conclude: (A) Cabagua was properly informed of the elements of the crimes to which he entered pleas; (B) exculpatory evidence was not withheld; (C) the documents Cabagua relies on are not newly discovered evidence; (D) neither Cabagua’s trial counsel nor his postconviction counsel were ineffective; and (E) Cabagua is not entitled to a new trial in the interest of justice. Therefore, we affirm.