Plea Withdrawal- Ineffective Assistance of Counsel

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Mauricio Aguila

Case No.: 2022AP001064-CR

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

Focus: Plea Withdrawal- Ineffective Assistance of Counsel

Aguila appeals from a judgment convicting him of second-degree recklessly endangering safety, which was entered upon revocation of his deferred judgment agreement (DJA). Aguila challenges the circuit court’s denial of his motion for plea withdrawal. He claims that his defense counsel provided constitutionally ineffective assistance during plea negotiations by providing him incorrect information regarding the DJA and his pleas to other misdemeanor charges and by failing to present him with discovery information that undermined the witnesses’ reports. He also argues that these failures rendered his pleas not knowing, intelligent, and voluntary.

The defense counsel did not perform deficiently and Aguila has failed to establish a manifest injustice requiring withdrawal of his pleas.

Affirmed.

Decided 01/09/24

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