Plea Withdrawal – Ineffective Assistance of Counsel

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Daimon Von Jackson, Jr.,

Case No.: 2019AP2383-CR

Officials: Neubauer, Reilly and Grogan, JJ.

Focus: Plea Withdrawal – Ineffective Assistance of Counsel

Daimon Von Jackson, Jr. appeals from a judgment of conviction entered after his no contest plea to second-degree reckless homicide as a repeater with the use of a dangerous weapon contrary to WIS. STAT. §§ 940.06(1) (2013-14),1 939.62(1)(c), and 939.63(1)(b) (hereinafter “second-degree reckless homicide”), and from an order denying his postconviction motion seeking to withdraw his plea. On appeal, Jackson asserts he should be allowed to withdraw his plea because: (1) he received ineffective assistance of trial counsel; (2) the circuit court erred in denying his request to have trial counsel replaced; and (3) the interests of justice require plea withdrawal or resentencing to correct a miscarriage of justice. Because we conclude Jackson’s trial counsel was not ineffective, the circuit court did not err in denying Jackson’s request to replace trial counsel, and the interests of justice require neither plea withdrawal nor resentencing, we affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.