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Guilty Pleas – Required Knowledge — Collateral & Direct Consequences — Presumptive Minimum Penalty

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. At sentencing, the prosecutor noted that there was a three-year presumptive minimum penalty and Quiroz agreed with the prosecutor’s recitation of the plea and penalty. Both Quiroz and his attorney requested three years’ imprisonment. We conclude that the record as a whole demonstrates that Quiroz was aware of the three-year presumptive minimum penalty, and thus Quiroz entered his plea knowingly, voluntarily and intelligently.

 

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