Postconviction Relief-Plea Withdrawal

Listen to this article

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Jaccob P. Pate

Case No.: 2022AP000698-CR

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

Focus: Postconviction Relief-Plea Withdrawal

In January 2019, Pate robbed both a liquor store and a gas station while armed. He also attempted to rob a second gas station. Pate ultimately confessed to the crimes, admitting that he committed the robberies and used a gun “for the means of getting money.” The State charged Pate with two counts of armed robbery and one count of attempted armed robbery.

Pate appeals from a judgment, entered upon his no-contest pleas, convicting him of two counts of armed robbery. He also appeals from the circuit court’s order denying his motion for postconviction relief. Pate argues that he is entitled to plea withdrawal because the court’s defective plea colloquy rendered his pleas unknowing, unintelligent, and involuntary. The appeals court rules that there is no evidence in the record that Pate required a more meaningful discussion of his rights at the plea hearing than what was provided in this case to ensure a knowing, intelligent, and voluntary plea.

Affirmed.

Decided 10/11/23

Full Text