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Plea Withdrawal
By: WISCONSIN LAW JOURNAL STAFF//May 8, 2023//
Listen to this articleWI Court of Appeals – District III
Case Name: State of Wisconsin v. Zachary J. Larson
Case No.: 2022AP000172-CR
Officials: Stark, P.J., Hruz and Gill, JJ.
Focus: Plea Withdrawal
According to the criminal complaint, nine-year-old Lucy told law enforcement that then-sixteen-year-old Larson had sexually assaulted her in October 2015 when she was spending the night at his home.
Larson appeals from a judgment convicting him, upon his guilty plea, of first-degree sexual assault of a child (sexual contact with a person under age thirteen). Larson contends that the circuit court erroneously denied his presentence motion for plea withdrawal without an evidentiary hearing. His motion alleged newly discovered evidence as a fair and just reason for withdrawing his plea.
The appeals court concludes that Larson is entitled to an evidentiary hearing because his motion alleges sufficient facts that, if true, would entitle him to the relief he seeks.
Reversed and remanded for an evidentiary hearing
Decided 05/02/23
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