Post-Sentencing Motion for Plea Withdrawal Without an Evidentiary Hearing

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WI 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:  Post-Sentencing Motion for Plea Withdrawal Without an Evidentiary Hearing

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 post-sentencing motion for plea withdrawal without an evidentiary hearing. His motion alleged that refusal to allow plea withdrawal on the basis of newly discovered evidence would result in a manifest injustice. The appeals court concludes that the circuit court erred in denying Larson an evidentiary hearing on his motion for plea withdrawal as it relates to the other-accusations and recantation evidence. The court can take no position at this time on whether Larson’s motion for plea withdrawal should ultimately be granted, the court sees nothing in the record before us on appeal that conclusively demonstrates that Larson is not entitled to the relief he seeks.

Reversed and remanded for an evidentiary hearing.

Decided 01/09/24

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