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Postconviction Plea Withdrawal

By: WISCONSIN LAW JOURNAL STAFF//February 13, 2023//

Postconviction Plea Withdrawal

By: WISCONSIN LAW JOURNAL STAFF//February 13, 2023//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Robert David Fernandez Close

Case No.: 2021AP000153

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

Focus: Postconviction Plea Withdrawal

Close, pro se, appeals from orders denying his postconviction motions for plea withdrawal in two Pierce County criminal cases. Close contends that he was entitled to an evidentiary hearing on his motions. The appeals court concludes that the circuit court lacked subject matter jurisdiction to hear the plea withdrawal motion in Pierce County case No. 2004CF127. The appeals court therefore vacates the order in that case and remands with directions that the court enter an order dismissing Close’s motion on jurisdictional grounds. In Pierce County case No. 2004CF165, the record conclusively demonstrates that Close is not entitled to relief. The court therefore affirms the court’s denial of Close’s motion in that case without a hearing.

Vacated and Remanded

Decided 02/07/23

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