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Guilty Pleas – Procedure – Factual Basis – Consideration of “Whole” Record

State v. Lawrence Payette, 2008 WI App 106, PFR filed 6/30/08
For Payette: Robert R. Henak; Amelia L. Bizzaro


¶26 As our supreme court explained in White, “[i]n applying the manifest injustice test on review, this court may consider the whole record since the issue is no longer whether the guilty plea should have been accepted, but rather whether there was an [erroneous exercise] of discretion in the trial court’s denial of the motion to withdraw.” Id. Later, in Thomas, our supreme court held that “[o]n a motion to withdraw, a court may look at the totality of the circumstances to determine whether a defendant has accepted the factual basis presented underlying the guilty plea…. Moreover, we have previously permitted a court reviewing the voluntariness requirement to … review the record of the postconviction hearing.” Id., 232 Wis. 2d 714, ¶23. Further, the record reviewed may include the record of the sentencing hearing and defense counsel’s statements concerning the factual basis. Id., ¶24.


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