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Guilty Pleas – Required Knowledge — Collateral & Direct Consequences — Out-of-State Prison Transfer

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, habitual offender penalties and the consequences of revocation of probation. James, 176 Wis. 2d at 238-39; Myers, 199 Wis. 2d at 394-95. We now determine that transfer to an out-of-state prison facility, which might or might not occur at the discretion of the Department of Corrections, is a collateral consequence of conviction. Therefore, Parker needed no knowledge of the prison transfer law in order to make his plea knowing and voluntary.

 

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