State v. MuldrowAnnotate this Case
The intent-effects test is the proper test used to determine whether a sanction is “punishment” such that due process requires a defendant be informed of it before entering a plea of guilty.
In the instant case, the circuit court failed to inform Defendant that his plea of guilty to second-degree sexual assault would subject him to lifetime GPS tracking pursuant to Wis. Stat. 301.48. The circuit court concluded that lifetime GPS tracking is not punishment and therefore denied Defendant’s motion to withdraw his plea. Applying the intent-effects test to the facts of this case, the Supreme Court affirmed, holding that neither the intent nor effect of lifetime GPS tracking is punitive.