Postconviction Motion for Plea Withdrawal-Ineffective Assistance of Counsel

Listen to this article

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Matthew Robert Mayotte

Case No.: 2022AP001695-CR

Officials: Gill, J.

Focus: Postconviction Motion for Plea Withdrawal-Ineffective Assistance of Counsel

Mayotte appeals a judgment of conviction, entered upon his Alford plea, for one count of burglary of a building. He also appeals an order denying his postconviction motion for plea withdrawal. Mayotte contends that he should be permitted to withdraw his plea for two reasons: (1) the plea was involuntary because he entered it with the understanding that he could appeal the circuit court’s previous denial of his motion to dismiss; and (2) his trial attorney was constitutionally ineffective by informing him that he could challenge the denial of his motion to dismiss on appeal after entering his plea.

The appeals court concludes Mayotte has failed to establish either that his plea was involuntary or that his trial attorney rendered ineffective assistance. The appeals court therefore affirms the judgment of conviction and the order denying postconviction relief.

Affirmed.

Decided 01/23/24

Full Text