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Appellate Jurisdiction

State v. Alexander Velazquez-Perez, 2010AP001128-CR, District 1/4, 6/7/12

court of appeals decision (not recommended for publication); for Velazquez-Perez: David Leeper; case activity

The court of appeals has authority to extend the deadline for filing a postconviction motion; Velazquez-Perez filed his motion within the deadline as extended by the court of appeals, and jurisdiction attached over appeal of the subsequent denial:

¶19      We conclude we have jurisdiction over the plea withdrawal court’s May 2, 2008 order denying Velazquez-Perez’s motion to withdraw his guilty pleas and the judgment of conviction.  We have the statutory authority to extend or reduce the time periods set forth under Wis. Stat. ch. 809.  See Wis. Stat. Rule 809.82(2)[4]State v. Sutton, 2012 WI 23, ¶15, 339 Wis. 2d 27, 810 N.W.2d 210.  In this case, we expressly allowed Velazquez-Perez an extension of time to file his appeal and/or request postconviction relief under Wis. Stat. Rule 809.30 and Velazquez-Perez met the deadline we set for filing his postconviction motion.[5]  Accordingly, we proceed to consider this appeal.

The court goes on to reject the claim, premised on asserted lack of understanding of the potential penalty, for plea-withdrawal. The discussion is quite fact-specific and therefore not summarized.

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