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Plea Withdrawal
By: Derek Hawkins//October 8, 2019//
Listen to this articleWI Court of Appeals – District III
Case Name: State of Wisconsin v. Randall A. Hungerford
Case No.: 2017AP1791-CR; 2017AP1792-CR; 2017AP1793-CR
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Plea Withdrawal
In these consolidated appeals, Randall Hungerford claims his attorney’s deficient performance prevented him from moving to withdraw his pleas prior to sentencing. He seeks to return this case to a presentence status so that he may file a motion for plea withdrawal under the “fair and just reason” standard. In the alternative, he argues plea withdrawal is necessary to correct a manifest injustice. We conclude Hungerford’s postplea expressions of confusion regarding the charges to which he had pled do not, under the circumstances here, support either a claim for ineffective assistance of counsel or a claim for postsentence plea withdrawal under a manifest injustice standard. Accordingly, we affirm.
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.
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