State v. SotoAnnotate this Case
Defendant pled guilty to second-degree recklessly endangering safety with a deadly weapon. Defendant moved for postconviction relief wherein he sought to withdraw his guilty plea and to vacate the judgment, asserting that the proceeding at which he pled guilty via videoconferencing violated due process as well as his statutory right to be present under Wis. Stat. 971.04(1)(g). Defendant argued that he could not have effectively waived his right to challenge the use of videoconferencing because he was not aware that such a right existed. The circuit court denied the motion. The Supreme Court affirmed, holding (1) section 971.04(1)(g) provides a criminal defendant the statutory right to be in the same courtroom as the presiding judge when a plea hearing is held, if the court accepts the plea and pronounces judgment; but (2) this statutory right may be waived, and Defendant waived it prior to pleading and the court's pronouncement of judgment.