State v. NegreteAnnotate this Case
In 1992, Defendant pleaded guilty to one count of second-degree sexual assault of a person under the age of sixteen years. Nearly eighteen years after his conviction, Defendant moved to withdraw his guilty plea, basing his motion on Wis. Stat. 971.08, which allows a defendant to withdraw a guilty or no contest plea where a plea-accepting court fails to personally advise the defendant of the potential immigration consequences of the plea. The circuit court denied the motion without an evidentiary hearing. The court of appeals affirmed. The court assumed that Defendant had not been personally advised as required under the statute, but, as Defendant was aware of the potential immigration consequences of his plea, the court concluded that any failure to personally advise him was harmless. The Supreme Court affirmed, holding that Defendant's motion to withdraw his guilty plea was properly denied, as Defendant's affidavit did not allege sufficient facts that, if true, would entitle him to withdraw his guilty plea.