On Point: c. Collateral consequence

State v. Hank J. Merten, 2003 WI App 171
For Merten: Dana W. Duncan

Issue/Holding:

¶8. Accordingly, the resolution of this appeal requires us to determine whether the effect of 42 U.S.C. § 1320a-7(a)(4), which excludes individuals convicted of a felony related to a controlled substance from participating in federal health care programs, is a direct or a collateral consequence of Merten’s no contest plea.

State v. Paul Delao Quiroz, 2002 WI App 52
For Quiroz: Chad G. Kerkman

Issue:Whether defendant was entitled to withdraw his plea on the basis that he was unaware of the three-year presumptive minimum sentence on the weapon enhancer.

Holding:

¶25 Both the complaint and the information contained the dangerous weapon enhancer and set forth the presumptive three-year minimum penalty. Quiroz admitted that he was familiar with both the complaint and the information and was aware that the dangerous weapon enhancer applied when he pled guilty.

State v. Jeremy J. Byrge, 2000 WI 101, 237 Wis. 2d 197, 614 N.W.2d 477, affirming as modified State v. Byrge, 225 Wis. 2d 702, 594 N.W.2d 388
For Byrge: Steven P. Weiss, SPD, Madison Appellate

Issue: “(W)hether a circuit court, before accepting a plea of guilty or no contest [to a crime punishable by life imprisonment], must inform a defendant that it possesses the authority to fix the parole eligibility date.”

State v. Anthony A. Parker, 2001 WI App 111

Issue: Whether transfer to an out-of-state prison is a collateral consequence of a guilty plea.

Holding:

¶8. In addition, we agree with the State that transfer to an out-of-state prison is a collateral consequence of Parker’s plea of no contest….

¶9. We have held that collateral consequences include deportation, restitution, subsequent filing of a sexually violent person petition,

State v. George R. Bollig, 2000 WI 6, 232 Wis. 2d 561, 605 N.W.2d 199, affirming State v. Bollig, 224 Wis.2d 621, 593 N.W.2d 67 (Ct. App. 1999)
For Bollig: Thomas E. Knothe, Collins, Quillin & Knothe, Ltd.

Issue: Whether a guilty plea colloquy involving a crime that would require sex offender registration under Wis. Stat. § 301.45 must inform the defendant of that requirement for the plea to be voluntary.

State v. Stuart D. Yates, 2000 WI App 224, 239 Wis.2d 17, 619 N.W.2d 132
For Yates: Martha K. Askins, SPD, Madison Appellate

Issue: Whether the presumptive MR date of § 302.11(1g)(am) 1997-98 is a direct or collateral consequence of a guilty plea.

Holding: A court is required to advise a defendant only of direct consequences — which have definite, immediate, and largely automatic impact on range of punishment —

State v. Frank J. Kosina, 226 Wis.2d 482, 595 N.W.2d 464 (Ct. App. 1999)
For Kosina: Daniel F. Snyder

Holding: Guilty plea defendant need not be advised of permanent prohibition on firearms possession flowing from 18 USCA §§ 921 & 921, for conviction “of a misdemeanor crime of domestic violence” because it is a collateral consequence of the plea.

State ex rel. Phillip I. Warren v. Schwarz, 219 Wis.2d 615, 579 N.W.2d 698 (1998), affirming State ex rel. Warren v. Schwarz 211 Wis. 2d 708, 566 N.W.2d 173 (Ct. App. 1997).
State v. Phillip I. Warren, 219 Wis.2d 615, 579 N.W.2d 698 (1998), on certification
For Warren: Ralph A. Kalal

Issue: “(W)hether the circuit court’s failure to inform Warren at the time of his Alford plea that he would be required to admit his guilt during a sex offender treatment program rendered that plea unknowing and involuntary in violation of his right to due process,”

State v. Robert L. Myers, Jr., 199 Wis. 2d 391, 544 N.W.2d 609 (Ct. App. 1996)

Issue/Holding:

We agree with the State that the potential for a future ch. 980, Stats., commitment was a collateral consequence of Myers’ guilty plea. Trial courts may not accept a guilty plea unless they are satisfied that the plea is knowing and voluntary. State v. James, 176 Wis.2d 230,