Abuse of Discretion – Postconviction Relief

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Mark H. Malm

Case No.: 2015AP1339-CR

Officials: Lundsten, P.J., Sherman and Kloppenburg, JJ.

Focus: Abuse of Discretion – Postconviction Relief

Mark Malm appeals a judgment of conviction and an order denying his motion for postconviction relief. The issues relate to the circuit court’s rejection of the original proposed plea agreement and whether the court then participated in the plea negotiation.  Malm first argues that the circuit court erred by rejecting the original plea agreement without engaging in a proper exercise of discretion. The State does not attempt to defend the court’s initial rejection of the agreement, but instead argues that the court cured any error by exercising its discretion in response to the postconviction motion. Malm does not dispute that a court can properly rehabilitate its original plea rejection by properly deciding a postconviction motion. Accordingly, the issue narrows to whether the circuit court properly exercised its discretion in the postconviction decision. We affirm.

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