Ineffective Assistance of Counsel

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Jeremy Gene Brown

Case No.: 2021AP000878-CR

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Ineffective Assistance of Counsel

Brown appeals from a judgment, entered upon his no-contest pleas, convicting him of one count of operating a motor vehicle while intoxicated (OWI), causing injury, as a third offense, and one count of injury by intoxicated use of a motor vehicle. Brown also appeals from an order denying his motion for postconviction relief seeking to withdraw his pleas. Brown argues that his trial counsel provided him with constitutionally ineffective assistance based on his plea to a WIS. STAT. ch. 940 (2019-20) offense, which rendered him ineligible for earned release through the Wisconsin Substance Abuse Program (SAP). The court concludes that Brown has not met his burden to prove that his trial counsel was constitutionally ineffective, and, accordingly, he is not entitled to plea withdrawal on that basis.

Affirmed.

Decided 10/18/22

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