State v. Kenneth L. Moucha
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SUPREME COURT OF WISCONSIN Case No.: 97-3483-CR Complete Title of Case: State of Wisconsin, Plaintiff-Respondent, v. Kenneth L. Moucha, Defendant-Appellant-Petitioner. ON REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at: 218 Wis. 2d 168, 578 N.W.2d 211 (Ct. App. 1998, Unpublished) Opinion Filed: Submitted on Briefs: Oral Argument: Source of APPEAL COURT: COUNTY: JUDGE: JUSTICES: Concurred: April 13, 1999 February 25, 1999 Circuit Chippewa Thomas J. Sazama Bradley, J., concurs (opinion filed) Abrahamson, C.J., joins Dissented: Not Participating: ATTORNEYS: For the defendant-appellant-petitioner there were briefs and oral argument by David D. Cook, Monroe. For the plaintiff-respondent the cause was argued by Daniel J. O Brien, assistant attorney general, with whom on the brief was James E. Doyle, attorney general. No. 97-3483-CR NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 97-3483-CR STATE OF WISCONSIN : IN SUPREME COURT FILED State of Wisconsin, APR 13, 1999 Plaintiff-Respondent, Marilyn L. Graves Clerk of Supreme Court Madison, WI v. Kenneth L. Moucha, Defendant-Appellant-Petitioner. REVIEW of a decision of the Court of Appeals. ¶1 PER CURIAM Dismissed. Petitioner, Kenneth L. Moucha (Moucha), requests this court to review an unpublished decision of the court of appeals, State v. Moucha, unpublished slip op. (Wis. Ct. App. March 24, 1998) in which the court of appeals affirmed the order of the Chippewa County Circuit Court, the Honorable Thomas J. Sazama presiding, which denied Moucha s presentence and post-conviction motions to withdraw his plea. ¶2 After fully examining the record and the briefs filed by the parties, and hearing oral arguments, we conclude that this case does not present the legal issue that the court anticipated, namely whether a defendant s misunderstanding the terms of a plea agreement is sufficient to warrant withdrawal of his plea. The record, particularly the circuit court s findings of fact, preclude us from determining this issue. The only issues presented are those that do not meet the criteria this 1 No. 97-3483-CR court has adopted for reviewing court of appeals decisions. State v. Kennedy, 167 Wis. 2d 742, 743, 482 N.W.2d 652 (1992). Therefore, we dismiss this petition for review as improvidently granted. By the Court. The petition improvidently granted. 2 for review is dismissed as 97-3483-CR.awb ¶3 ANN WALSH BRADLEY, accepted review of this case. J. (Concurring). The court The parties filed their written briefs and also presented oral arguments to the court. Since this case has been fully briefed and argued, I would decide the case on its merits. I therefore do not join the majority's determination that the petition was improvidently granted. ¶4 I am authorized to state that CHIEF JUSTICE SHIRLEY S. ABRAHAMSON joins this opinion. 1 97-3483-CR.awb 1
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