Postconviction Relief – Plea Withdrawal

By: WISCONSIN LAW JOURNAL STAFF//February 21, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Ebone M. Spencer

Case No.: 2021AP000648-CR

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

Focus: Postconviction Relief – Plea Withdrawal

Spencer appeals the judgment convicting her of felony murder, and of arson of a building as a party to the crime. She also appeals the order denying her postconviction motion for plea withdrawal. Spencer argues that she is entitled to an evidentiary hearing on her claim that her plea to felony murder was not knowing, voluntary, and intelligent because she was unaware of the correct maximum penalty.

The appeals court concludes that Spencer understood the range of punishments and has not made a prima facie showing that the circuit court failed in its duties under WIS. STAT. § 971.08. See Cross, 326 Wis. 2d 492, ¶41. In addition, Spencer has not demonstrated that withdrawal of her plea is necessary to correct a manifest injustice.

Affirmed.

Decided 02/14/23

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