On Point blog, page 3 of 3
Guilty Pleas – Required Knowledge – Potential Punishment: Kidnapping Mitigation
State v. Reinier A. Ravesteijn, 2006 WI App 250
For Ravesteijn: Rudolph L. Oldeschulte
Issue/Holding: Although kidnapping for ransom, § 940.31(2)(a), is susceptible to possible mitigation of penalty from 60 to 40 years if the victim is released without permanent physical injury, testimony from counsel at a postconviction hearing that the defendant was well aware of this possibility when he pleaded guilty dooms his claim that he was unaware of the potential penalty when he entered his guilty plea,
Guilty Pleas – Required Knowledge — Collateral & Direct Consequences – TIS Confinement Time, Set by Court
State v. Richard C. Plank, 2005 WI App 109
For Plank: Jamy Richard Johansen
Issue: Whether a voluntary guilty plea to a TIS offense requires knowledge of ineligibility for parole or good-time credit.
Holding:
¶15 Plank contends that because Byrge holds that parole eligibility is a direct consequence, the lack of parole eligibility under truth-in-sentencing is also a direct consequence.
Guilty Pleas – Required Knowledge – Direct and Collateral Consequences – Maximum Punishment
State v. Kenneth V. Harden, 2005 WI App 252
For Harden: Ralph Sczygelski
Issue/Holding: Misinformation with respect to the maximum punishment (defendant was told the maximum was 19 years, 6 months when the correct maximum was 16 years) necessarily renders the guilty plea invalid, without regard to whether the misinformation affected the decision to plead guilty, ¶¶5-6, effectively overruling State v. Paul Delao Quiroz,