Plea & Sentencing – Ineffective Assistance of Counsel

By: Derek Hawkins//January 21, 2020//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Pheng Yang

Case No.: 2018AP1423-CR

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

Focus: Plea & Sentencing – Ineffective Assistance of Counsel

Pheng Yang appeals from a judgment, entered on his guilty plea, convicting him on one count of second-degree intentional homicide. He also appeals from an order denying his postconviction motion for plea withdrawal. Yang claims that: (1) his plea was not knowing, intelligent, and voluntary because he did not understand he was admitting an intent to kill; and (2) trial counsel was ineffective for not properly explaining the impact of the plea and for not requesting additional time with Yang before he entered the plea. We agree with the circuit court that the record reflects a valid plea and no ineffective assistance; thus, the circuit court did not err in denying the motion without a hearing. 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.

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