Ineffective Assistance of Counsel

By: Derek Hawkins//February 8, 2022//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Roman T. Wise

Case No.: 2020AP1756-CR

Officials: Brash, C.J., Donald, P.J., and Dugan, J.

Focus: Ineffective Assistance of Counsel

Roman T. Wise appeals from a judgment of conviction for four counts of fleeing or eluding an officer and an order of the postconviction court denying, without a hearing, his motion seeking to vacate three of his convictions on the basis that he received ineffective assistance of counsel. On appeal, Wise again argues that he received ineffective assistance of counsel when his trial counsel failed to seek the dismissal of three of his four charges on the grounds that they were multiplicitous. Upon review, we conclude that they are not. The charges are different in law and fact, and Wise has failed to overcome the presumption that the legislature intended for multiple punishments. Thus, for the reasons set forth below, we affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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