Plea Withdrawal

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Gary L. Johnson

Case No.: 2017AP467-CR

Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.

Focus: Plea Withdrawal

Gary L. Johnson appeals a judgment convicting him on his pleas of no contest to one count of attempted second-degree intentional homicide and two counts of aggravated battery, all with use of a dangerous weapon. Postconviction, the circuit court allowed him to withdraw his plea on the attempted homicide charge on grounds that the plea taking did not state the elements of that offense, such that Johnson pled to a nonexistent offense. On the State’s motion for reconsideration, the court reversed itself and reinstated Johnson’s conviction. Johnson also appeals the order granting the State’s motion.

We conclude the circuit court got it right the first time. Accordingly, we reverse the judgment of conviction and the order granting the motion for reconsideration and remand the matter to the circuit court so that Johnson may withdraw his no-contest plea to attempted second-degree intentional homicide.

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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.