Plea Withdrawal

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Jonathan A. Ortiz-Rodriguez

Case No.: 2018AP2401-CR

Officials: Brash, P.J., Dugan and Fitzpatrick, JJ.

Focus: Plea Withdrawal

Jonathan A. Ortiz-Rodriguez appeals from his judgment of conviction for one count of first-degree sexual assault of a child under the age of thirteen, to which he pled guilty. He also appeals from an order of the trial court denying his postconviction motion without an evidentiary hearing.

Ortiz-Rodriguez seeks to withdraw his plea on the ground that it was not knowingly, intelligently, and voluntarily entered as a result of ineffective assistance by his trial counsel. Pursuant to the plea agreement, the parties were “free to argue” at sentencing regarding an appropriate sentence; however, OrtizRodriguez asserts that counsel incorrectly informed him that the State was going to recommend an initial confinement term of five to eight years. Instead, the State recommended an initial confinement term of twenty years, which the trial court ultimately imposed.

The trial court denied Ortiz-Rodriguez’s postconviction motion without an evidentiary hearing, finding that he had not alleged sufficient facts in his motion to demonstrate that he was prejudiced by this claimed error. We 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.