Postconviction Motion for Plea Withdrawal

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Jeremy V. Hoover

Case No.: 2021AP001920-CR

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

Focus: Postconviction Motion for Plea Withdrawal

Hoover appeals judgments convicting him of one count of possessing child pornography and one count of second-degree sexual assault of a child. He also appeals an order denying his postconviction motion for plea withdrawal or, alternatively, resentencing. Hoover argues that he should be allowed to withdraw his pleas because he received constitutionally ineffective assistance when his trial counsel failed to file a motion to suppress his post-polygraph confession. In the alternative, Hoover contends that he is entitled to resentencing because his trial counsel was ineffective by failing to object to the State’s breach of the plea agreement. The plea agreement required, among other things, that the State follow the extended supervision recommendation in the presentence investigation report (PSI). Hoover asserts that the State materially breached that requirement at sentencing when the prosecutor stated: “It would be up to the [c]ourt to set the length of [extended supervision]” on the child pornography count.

Affirmed.

Decided 06/27/23

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