Plea Withdrawal-Ineffective Assistance of Counsel-Sentencing

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Matthew L. La Brec

Case No.: 2021AP002110-CR

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

Focus: Plea Withdrawal-Ineffective Assistance of Counsel-Sentencing

La Brec, pro se, appeals a judgment convicting him of possession of a firearm by a felon and armed robbery with the use of force. He also appeals portions of orders denying his motions for postconviction relief. La Brec argues that he is entitled to withdraw his guilty plea to armed robbery with the use of force because the criminal complaint the circuit court relied upon in taking his plea did not establish a factual basis for that plea. He also argues that his trial counsel was constitutionally ineffective by failing to inform him that the court was required to establish a factual basis to support his guilty plea. If he is entitled to withdraw his plea, La Brec requests that he be allowed to modify his plea to second-degree reckless homicide, as a party to a crime, or attempted armed robbery. Finally, La Brec argues that he is entitled to sentence modification because he and his co-defendant, Jesse Lloyd, received similar sentences with respect to initial confinement, despite Lloyd’s greater culpability. The court concluded that La Brec has failed to show a manifest injustice occurred, he is not entitled to plea withdrawal, there was no basis for sentencing modification.

Affirmed.

Decided 01/23/24

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