Pleas & Sentencing – Plea Withdrawal

By: Derek Hawkins//February 26, 2018//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Erik M. Smith

Case No.: 2016AP2453-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Pleas & Sentencing – Plea Withdrawal

Erik Smith appeals a judgment of conviction for three felonies, entered pursuant to his guilty pleas, and an order denying his postconviction motion. Smith seeks plea withdrawal, arguing there was an insufficient factual basis for his pleas to support territorial jurisdiction in the State of Wisconsin. We agree with the State that Smith’s pleas were supported by a sufficient factual basis for territorial jurisdiction based on the State’s clear allegation—made both in the criminal complaint and orally by the prosecutor at the plea hearing—that the crimes occurred in Wisconsin. 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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