Plea Withdrawal

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WI Supreme Court

Case Name: State of Wisconsin v. Shannon Olance Hendricks

Case No.: 2018 WI 15

Focus: Plea Withdrawal

Shannon Olance Hendricks seeks to withdraw the guilty plea he entered to one count of child enticement. He claims the circuit court’s failure to tell him the legal definition of “sexual contact” at his plea hearing violated Wis. Stat. § 971.08’s requirement that a pleading defendant must understand the nature of the charge. Because sexual contact is not an element of the crime of child enticement, and because the record shows Hendricks understood the nature of the charge to which he pled guilty, the plea colloquy comported with both § 971.08 and State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986), and Hendricks is not entitled to an evidentiary hearing. Accordingly, we affirm the court of appeals decision upholding the circuit court’s order denying Hendricks’ motion for plea withdrawal. Moreover, we decline the State’s request to modify the Bangert requirements.

Affirmed

Concur:

Dissent: ABRAHAMSON, J. dissents, joined by A.W. BRADLEY,

1. (opinion filed).

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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.