Plea Withdrawal – Sufficiency of Evidence

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Nakyta V.T. Chentis

Case No.: 2020AP1699-CR

Officials: Gundrum, P.J., Neubauer and Grogan, JJ.

Focus: Plea Withdrawal – Sufficiency of Evidence

Nakyta V.T. Chentis appeals from a judgment of conviction for possession of a narcotic drug and an order denying his postconviction motion seeking plea withdrawal. He argues that because the State could prove he possessed only a trace amount of heroin, his conviction is prohibited under Kabat v. State, 76 Wis. 2d 224, 251 N.W.2d 38 (1977), based on lack of knowledge that the substance he possessed was a narcotic drug. Accordingly, he argues there was an insufficient factual basis for his no-contest plea.

We agree with the circuit court that there was a sufficient factual basis for Chentis’s plea. Unlike in Kabat, here there was compelling circumstantial evidence of recent drug use, which supported the requisite inference that Chentis knew he possessed a narcotic drug. Accordingly, we affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.