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.
