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Guilty Pleas – Required Knowledge — Understanding Nature of Charge – Intersection with Factual Basis

State v. Andrae D. Howell, 2007 WI 75, reversing 2006 WI App 182
For Howell: Ellen Henak, SPD, Milwaukee Appellate

Issue/Holding: Failure to establish a factual basis for the guilty plea triggers Bangert procedure, ¶¶56-59, citing State v. Monika Lackershire, 2007 WI 74. In this instance (because of a last-minute inclusion of a ptac theory the complaint didn’t assert any accomplice- or vicarious-liability facts; nor did the trial court inquire into ptac liability) the record is inadequate; and, because the postconviction asserted lack of knowledge (that he didn’t know his mere presence at the crime scene wasn’t enough for ptac), a Bangert hearing is mandated, ¶¶60-71.

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