Plea Withdrawal

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Kamau Kambui Bentley, Jr.

Case No.: 2021AP001782

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

Focus: Plea Withdrawal

Kamau Bentley, Jr., appeals the circuit court’s order denying his postconviction motion brought pursuant to WIS. STAT. § 974.06 (2021-22). Bentley argues: (1) that he should be allowed to withdraw his plea because the circuit court did not comply with WIS. STAT. § 971.08 and State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986); (2) that the State breached the plea agreement; and (3) that he received constitutionally ineffective assistance of postconviction counsel.

In 1993, Bentley pled guilty to one count of felony murder, as a party to a crime, in the shooting death of Lenard Boyd, and he pled guilty to one count of first-degree intentional homicide, as a party to a crime, in the shooting death of Curtis Brown. Bentley filed a postconviction motion to withdraw his pleas on the grounds that Bentley’s trial counsel gave him incorrect information before he entered the pleas. The circuit court denied the motion. On appeal, the appeals court reversed. The Supreme Court then reversed the appeals court order.

The plea hearing transcript contradicts Bentley’s assertion that the plea hearing colloquy was inadequate and establishes that there was no violation of Bangert or WIS. STAT. 971.08 during the plea colloquy. The record does not support Bentley’s contention that the State breached the plea agreement. Postconviction counsel did not render constitutionally ineffective assistance of counsel by failing to raise issues without merit.

Affirmed.

Decided 07/05/23

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