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Evidentiary Hearing

By: Derek Hawkins//September 8, 2021//

Evidentiary Hearing

By: Derek Hawkins//September 8, 2021//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Michael James Brehm

Case No.: 2020AP266-CR

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

Focus: Evidentiary Hearing

Michael James Brehm appeals a judgment entered after a guilty plea to one count of possession of a firearm by a felon and an order denying postconviction relief. Brehm contends that he was improperly sentenced to three years of initial confinement for being a felon in possession pursuant to WIS. STAT. § 941.29(4m)(a) (2017-18). Brehm also contends that he is entitled to an evidentiary hearing to determine whether trial counsel was ineffective for: (1) failing to request a presentence investigation report (PSI); (2) failing to offer evidence of Brehm’s alleged “non-possession” of the firearm; and (3) failing to advise Brehm “not to make statements to his detriment.” We reject each of Brehm’s arguments and affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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