Plea Withdrawal – Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Willie M. McBride

Case No.: 2020AP385-CR; 2020AP386-CR

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

Focus: Plea Withdrawal – Ineffective Assistance of Counsel

Willie M. McBride appeals his judgments of conviction entered after he pled guilty to several charges under a global plea agreement for two separate cases. He also appeals the order denying his postconviction motion. McBride argues that he is entitled to withdraw his pleas because one of his cases should have been dismissed due to a violation of his right to a speedy trial. He further asserts that plea withdrawal is warranted because his trial counsel was ineffective for failing to request separate sentencing hearings for the two cases and for not requesting a presentence investigation (PSI) report.

Additionally, McBride argues that the trial court relied on improper factors in sentencing him in both cases at the same time, and he is seeking sentence modification. He also contends that the court erroneously exercised its sentencing discretion in not making McBride eligible for the Challenge Incarceration Program (CIP). Furthermore, McBride asserts that he is entitled to sentence credit for the time he was incarcerated on a third case for which he was acquitted.

The postconviction court denied McBride’s postconviction motion in its entirety, without a hearing, stating that all of his claims were without merit. We agree and, therefore, affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.