Bressette v. State
Bressette v. State
Opinion of the Court
The defendant urges that he should be permitted to withdraw his plea and stand trial on the merits of the case.
A defendant must be allowed to withdraw his plea of guilty and the court must order a new trial only in those instances where a refusal to do so would result in “manifest injustice.”
An examination of the record convinces us that the trial court fully complied with all of the requirements for guilty pleas as set forth in Ernst v. State (1969), 43 Wis. 2d 661, 674, 170 N. W. 2d 713.
The trial judge did determine the defendant’s age, education and general understanding. (A pretrial medical-mental examination was conducted.) Counsel was
The defendant’s complaint, as it appears from his post-conviction motion and his petition for appointment of counsel in this court, is that he claims his trial counsel told him the sentences would be imposed to run concurrently if he pleaded guilty. This postconviction motion to withdraw the plea was denied by the trial court and properly so. The record reveals that the trial judge specifically informed the defendant that he could be sentenced to ten years on each count and that they could be ordered to run consecutively for a total period of twenty years. The record further reveals that the defendant affirmatively acknowledged that he knew he could receive such sentences.
Before the pleas of guilty were entered, in the presence of and within hearing range of the defendant, the assistant district attorney unequivocally stated that if the defendant entered pleas of guilty the state’s recommendation would be that sentences imposed as to both counts be the maximum and that the sentences would be ordered to run concurrently. The defendant knew what the sentences could be and what the state’s recommendation was going to be before he entered his pleas of guilty. The plea bargain was not breached and no manifest injustice appears on this score.
The brief filed in behalf of the defendant and the oral argument by counsel contend that because in the plea
Defendant’s appellate counsel also asserts that there was an element of judicial intimidation in accepting the defendant’s plea. The basis for this assertion is that the trial judge was impatient when trial counsel for the defendant wanted the victim Thompson to testify rather than the complaining officer. When the trial counsel objected to the testimony of the officer, the court asked counsel if he wanted a jury trial and when counsel responded “No,” the judge further advised counsel that he could call any witnesses (Thompson was in the courtroom) if he was not satisfied with the officer’s testimony. The objection was then withdrawn, and in any event the right of confrontation is one of the constitutional rights waived upon a plea of guilty.
We have carefully reviewed the entire record. The defendant was represented by adequate counsel, he was advised as to his waiver of constitutional trial rights, the crime he was charged with, and the maximum penalties that could be imposed. He acknowledged to the trial court that there were no threats, promises or force used to obtain the pleas. We conclude the pleas of guilty were
By the Court. — Judgment and order affirmed.
State v. Reppin (1967), 35 Wis. 2d 377, 151 N. W. 2d 9.
Pointer v. Texas (1965), 380 U. S. 400, 85 Sup. Ct. 1065, 13 L. Ed. 2d 923.
Dissenting Opinion
(dissenting). I disagree with the majority on their position relative to the central issue in this case: Should the defendant have been permitted to withdraw his plea of guilty to prevent a manifest injustice? In essence, because the court did not ascertain defendant’s understanding of the plea bargain he had made, the defendant should have been allowed to withdraw his plea of guilty.
In our concurring opinion in Farrar v. State,
Under these circumstances I believe that the trial court was obliged to inform the defendant that his conduct did not constitute armed robbery. If, after understanding the law as it related to the crime,
I would reverse the judgment and order and allow defendant to withdraw the guilty plea.
(1971), 52 Wis. 2d 651, 662-664, 191 N. W. 2d 214.
(1971), 404 U. S. 257, 92 Sup. Ct. 495, 30 L. Ed. 2d 427.
Ernst v. State (1969), 43 Wis. 2d 661, 673, 170 N. W. 2d 713; McAllister v. State ante, p. 224, 194 N. W. 2d 639.
Reference
- Full Case Name
- Bressette, Plaintiff in Error, v. State, Defendant in Error
- Cited By
- 5 cases
- Status
- Published