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Guilty Pleas – Required Knowledge — Elements — Referenced Document not Attached to Plea Questionnaire

State v. Richard A. Lange, 2003 WI App 2
For Lange: Daniel F. Snyder

Issue/Holding: Where the plea form made reference to an “attached sheet” which was not in fact attached, and the trial court did not go over the elements with the defendant, “the record is barren as to any explanation or detailing to Lange of the elements of the offense,” and Lange has established a prima facie case for plea-withdrawal. ¶¶19-22. Remedy is remand for a hearing where state will have opportunity to prove that Lange in fact understood the elements. ¶¶28-30.

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