Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Lue Xiong

Case No.: 2017AP2254-CR; 2017AP2255-CR

Officials: Kloppenburg, Brash and Dugan, JJ.

Focus: Ineffective Assistance of Counsel

Lue Xiong appeals his judgments of conviction and the trial court’s denial of his postconviction motion seeking to modify his sentence. Xiong pled guilty to second-degree recklessly endangering safety with a domestic abuse assessment, and arson of a building with a domestic abuse assessment; numerous other charges were dismissed and read in for purposes of sentencing. In his postconviction motion, Xiong argued that his sentence was based on inaccurate information, and that the trial court had erroneously exercised its discretion with regard to the factors it considered in imposing the sentence. The trial court denied the motion without a hearing.

On appeal, Xiong requests that his sentence be vacated and the matter be remanded for resentencing because he was denied the effective assistance of counsel due to a lack of adequate interpreter services at the plea and sentencing hearings. He also renews his argument that the trial court erroneously exercised its discretion at sentencing regarding the factors it considered. We conclude that Xiong’s ineffective assistance of counsel claim is barred because he did not raise it in his postconviction motion. Furthermore, even if the claim was not barred, it would fail on the merits. We also conclude that the trial court did not erroneously exercise its discretion in imposing sentence. We therefore affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.