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State v. Gerald D. Taylor, 2011AP1030-CR, rev. granted 3/15/12

court of appeals certification; for Taylor: Shelley Fite, SPD, Madison Appellate; case activity; prior post

Issue (from Certification): 

Whether understating the potential penalty during a plea colloquy can properly be deemed harmless error, and if so, where in the analytical framework of Bangert such a determination should be made.

The guilty plea court misinformed Taylor that the maximum he faced was 6, rather than 8, years; the sentence imposed was 6 years – is Taylor entitled to plea-withdrawal because he was misinformed of the maximum penalty, notwithstanding that his sentence didn’t exceed the incorrect amount? Stay tuned.

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