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Plea Withdrawal-Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//June 17, 2024//

Plea Withdrawal-Ineffective Assistance of Counsel

By: WISCONSIN LAW JOURNAL STAFF//June 17, 2024//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Reynaldo Rosalez

Case No.: 2022AP001929-CR

Officials: Geenen, J.

Focus: Plea Withdrawal-Ineffective Assistance of Counsel

The court addressed the denial of Reynaldo Rosalez’s request to withdraw his guilty plea. Rosalez had been convicted of second-degree sexual assault of a child and attempted second-degree sexual assault of a child based on a plea agreement.

Rosalez argued that his plea was not entered knowingly, intelligently, and voluntarily, claiming he did not fully understand the nature of the charges against him or the consequences of his plea. He contended that his trial counsel was ineffective for failing to adequately explain these aspects to him.

The Court of Appeals affirmed the lower court’s decision to deny Rosalez’s motion to withdraw his plea. The court found that the plea colloquy—the formal process where the judge ensures the defendant understands the plea and its implications—was thorough and that Rosalez had acknowledged understanding the charges and the rights he was waiving. Furthermore, the court determined that Rosalez did not provide sufficient evidence to support his claims of ineffective assistance of counsel.

The decision emphasized the importance of the plea colloquy in safeguarding a defendant’s rights and ensuring that any plea entered is done with full awareness of its consequences. The court held that Rosalez’s assertions were insufficient to overturn his conviction, as the record demonstrated that he was adequately informed and had voluntarily chosen to plead guilty.

Affirmed.

Decided 06/11/24

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