On Point blog, page 15 of 20
§ 948.08, Causing Child to Practice Prostitution – Repeated Sex Acts in Exchange for Cocaine
State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08
For Payette: Robert R. Henak; Amelia L. Bizzaro
Issue: Whether repeated “dope dating” (giving a minor cocaine on multiple occasions in exchange for sex) amounts to causing the child to practice prostitution within the meaning of § 948.08.
Holding1: “Practice” prostitution:
¶15 Payette is charged with violating Wis. Stat. § 948.08,
Plea-Withdrawal, Post-sentence: Prima Facie Showing, Plea Questionnaire
State v. Christopher S. Hoppe, 2008 WI App 89
For Hoppe: Martha K. Askins, SPD, Madison Appellate
Issue: Whether a plea colloquy that merely established that the defendant was “satisfied” he understood “everything in the questionnaire and waiver of rights and the elements of the charges” sufficed under State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986), given that the questionnaire covered these matters.
Guilty Pleas – Procedure – Factual Basis – Consideration of “Whole” Record
State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08
For Payette: Robert R. Henak; Amelia L. Bizzaro
Issue/Holding:
¶26 As our supreme court explained in White, “[i]n applying the manifest injustice test on review, this court may consider the whole record since the issue is no longer whether the guilty plea should have been accepted, but rather whether there was an [erroneous exercise] of discretion in the trial court’s denial of the motion to withdraw.” Id.
Guilty Pleas – Factual Basis – Particular Instances: Using Computer to Facilitate Child Sex-Crime
State v. Eric T. Olson, 2008 WI App 171
For Olson: Byron C. Lichstein
Issue/Holding: The “act other than element” of § 948.075(3) isn’t satisfied by either transmission of live video of the shirtless defendant, or by his prior sexual encounters with others he met on-line:
¶11 Accordingly, we read the statute to require that, before the State may obtain a conviction under WIS. STAT.
Guilty Pleas – Procedure – Factual Basis, Generally
State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265
For Lackershire: Steven P. Weiss, SPD, Madison Appellate
Issue/Holding:
¶33 Wisconsin Stat. § 971.08(1)(b) provides that before a circuit court accepts a defendant’s guilty plea, it must “make such inquiry as satisfies it that the defendant in fact committed the crime charged.” This court has determined that establishing a sufficient factual basis requires a showing that “the conduct which the defendant admits constitutes the offense charged .
Guilty Pleas – Required Knowledge — Understanding Nature of Charge – Intersection with Factual Basis
State v. Andrae D. Howell, 2007 WI 75, reversing 2006 WI App 182
For Howell: Ellen Henak, SPD, Milwaukee Appellate
Issue/Holding: Failure to establish a factual basis for the guilty plea triggers Bangert procedure, ¶¶56-59, citing State v. Monika Lackershire, 2007 WI 74. In this instance (because of a last-minute inclusion of a ptac theory the complaint didn’t assert any accomplice- or vicarious-liability facts;
Guilty Pleas – Required Knowledge — Understanding Nature of Charge – Colloquy, Generally
State v. Andrae D. Howell, 2007 WI 75, reversing 2006 WI App 182
For Howell: Ellen Henak, SPD, Milwaukee Appellate
Issue/Holding: The defendant’s understanding of the charge must be detailed, in anon-perfunctory manner, on the record of the guilty plea:
¶52 The circuit court did not establish Howell’s understanding of the information it relayed to Howell by personally questioning him. Rather than asking Howell to summarize his understanding,
Guilty Pleas – Procedure – Read-In, Generally
State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265
For Lackershire: Steven P. Weiss, SPD, Madison Appellate
Issue/Holding: ¶27 n. 7:
This court explained the procedure for read-in charges in Austin v. State, 49 Wis. 2d 727, 183 N.W.2d 56 (1971). When charges are read in during sentencing, the defendant admits to having committed the underlying crimes, but does not plead guilty to the charges,
Guilty Pleas – Procedure – Read-In, Existence of
State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265
For Lackershire: Steven P. Weiss, SPD, Madison Appellate
Issue/Holding: In order to trigger read-in procedure there must be a sufficient showing of an agreement to read in the offense at issue:
¶28 Nowhere in the transcript of the plea hearing, the transcript of the sentencing hearing, the transcript of the adjourned sentencing hearing,
Plea-Withdrawal, Post-sentencing – Procedure – Challenge to Factual Basis
State v. Monika S. Lackershire, 2007 WI 74, reversing 2005 WI App 265
For Lackershire: Steven P. Weiss, SPD, Madison Appellate
Issue/Holding: Bangert procedure applies to challenge to failure to establish adequate factual basis where the facts are disputed:
¶50 In the present case, however, the facts are in dispute precisely because the circuit court failed to conduct a sufficient inquiry into the factual basis of the offense charged.