State v. Cain

2012 WI 68, 816 N.W.2d 177, 342 Wis. 2d 1, 2012 Wisc. LEXIS 363
CourtWisconsin Supreme Court
DecidedJune 28, 2012
DocketNo. 2010AP1599-CR
StatusPublished
Cited by51 cases

This text of 2012 WI 68 (State v. Cain) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Cain, 2012 WI 68, 816 N.W.2d 177, 342 Wis. 2d 1, 2012 Wisc. LEXIS 363 (Wis. 2012).

Opinions

MICHAEL J. GABLEMAN, J.

¶ 1. We review an unpublished decision of the court of appeals1 affirming an order of the Marquette County Circuit Court, Richard O. Wright, Judge.

¶ 2. The question before us is whether Lee Roy Cain ("Cain") should be allowed to withdraw his plea of no contest to correct a manifest injustice. Cain argues that this court should review whether his plea was knowing, intelligent, and voluntary, and if it was not, determine that he is entitled to automatic withdrawal of his plea in order to correct a manifest injustice.

¶ 3. We conclude that the record, when viewed in its totality, does not support withdrawal of Cain's plea. [6]*6Accordingly, we conclude that Cain has not met his burden of showing by clear and convincing evidence that allowing the withdrawal of his no contest plea is necessary to correct a manifest injustice.

I. FACTS AND PROCEDURAL HISTORY

¶ 4. Cain, a sixty-five year old resident of Montello, Wisconsin, makes his living by creating and marketing ceramic lawn ornaments and garden art. On November 26, 2007, law enforcement officers executed a search warrant issued for Cain's property. While searching Cain's residence and workshop, they discovered a hidden room. According to the resulting report from law enforcement, the hidden room contained a marijuana growing operation, complete with gymnasium-style lighting, a ventilation system, and 16 healthy, adult marijuana plants that were capable of yielding a substantial quantity of marijuana.

¶ 5. Consequently, a criminal complaint was filed on December 7, 2007, charging Cain with four separate crimes: 1) maintaining a drug trafficking place in violation of Wisconsin Statutes section 961.42(1); 2) possession with intent to deliver tetrahydrocannabinol ("THC")2 in an amount of more than 200 grams but not more than 1,000 grams, or more than four plants containing THC but not more than twenty plants containing THC in violation of § 961.41(lm)(h)2.; 3) manufacturing THC in an amount of more than 200 grams but not more than 1,000 grams, or more than four plants containing THC but not more than twenty [7]*7plants containing THC, in violation of § 961.41(l)(h)2.;3 and 4) possession of drug paraphernalia, in violation of § 961.573(1). The criminal complaint accurately reflected that a violation of § 961.41(l)(h)2. is a Class H felony, punishable by a fine in an amount up to $10,000, imprisonment for up to six years, or both. See § 939.50(3)(h).

¶ 6. Cain waived his right to a preliminary hearing, and the State filed an information alleging the four charges set forth in the criminal complaint. At the arraignment, Cain entered a plea of not guilty as to all counts, and the case was set for jury trial. However, the morning that the case was scheduled for trial, Cain entered into a plea agreement with the State. In exchange for Cain's plea of no contest on Count III, the manufacturing charge, the State agreed to dismiss the remaining three counts recited in the information.

¶ 7. The record reflects that at the plea hearing, Cain was actively engaged, sometimes in response to questioning from the circuit court, and sometimes on his own initiative. During the course of the hearing, Cain stated, inter alia, that he did not believe that he "would have a fair trial," that the only person in "the system" that he had any respect for was the circuit court judge, that "everyone ... is a buncha liars," and that his current situation was a result of "having a [8]*8dispute with a little rich horse guy." As part of the lengthy plea colloquy (13 pages of transcript), the following exchange took place between the circuit court and Cain and his attorney:

THE COURT: Before I can accept that plea I need to determine whether or not it's being entered knowingly, voluntarily, and intelligently. [Defense counsel], you have had enough contact with him [Cain] that you believe that he is making this plea freely and voluntarily?
[DEFENSE COUNSEL]: Yes, Your Honor. We've discussed all the various counts, the consequences, what we would plan to do, the procedure, and so on, yes.
THE COURT: Okay. Is that true, Mr. Cain?
MR. CAIN: Somewhat.
[DEFENSE COUNSEL]: We've discussed the evidence in the case and the benefits of entering a plea, the risks of going to trial.
THE COURT: And you understand what you're doing?
MR. CAIN: I had four plants in my house[,] okay ? That's it. And I — whatever this guy is — I have no other choice... .
THE COURT: Well, that's — might be your wise choice, but that's —
MR. CAIN: Yup.
THE COURT: You know there's different reasons for entering a plea?
MR. CAIN: Right.
THE COURT: The most basic reason is whether or not you think you're gonna win or lose. That's the way I look at it.

(emphasis added).

[9]*9¶ 8. Regarding what the State would be required to prove to convict him of manufacture of THC, the circuit court held the following exchange with Cain:

THE COURT: On this charge they would have to show that — you know, "manufacture" sounds like a funny word, but growing would be manufacture. Controlled substance in this case containing the [THC]. They would also have to show in this particular case that it was more than four plants. And they would have to show that you were doing that intentionally. Well, not like it was weeds growing somewhere or anywhere, but that you were doing it intentionally. You understand that you're waiving the right to have those things proved beyond a reasonable doubt?
MR. CAIN: Yup. . . .

¶ 9. Based on the plea colloquy, the circuit court determined that "the plea [was] entered knowingly, voluntarily, and intelligently."

¶ 10. The circuit court next turned to a discussion of the factual basis for the plea. Cain, through his attorney, stipulated that the criminal complaint, which states that law enforcement officers discovered 16 marijuana plants in Cain's residence, sufficed as the factual basis for the plea. However, the circuit court insisted that the State reiterate on the record, for Cain's benefit, the factual basis for the plea. Complying with the circuit court's instruction, the prosecutor restated the factual basis contained in the criminal complaint — that law enforcement officers discovered 16 marijuana plants in Cain's workshop — and the circuit court determined that there was a factual basis for the plea.

¶ 11. At the close of the plea hearing, the circuit court accepted Cain's plea and ordered the preparation of a pre-sentence investigation report ("PSI"). The PSI [10]*10described the facts surrounding Cain's offense in much the same manner as the criminal complaint: that law enforcement officers discovered 16 marijuana plants in Cain's workshop. The PSI outlined that Cain is a Vietnam War veteran, and that he receives 100% disability because he suffers from post-traumatic stress disorder resultant from his military service.

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Cite This Page — Counsel Stack

Bluebook (online)
2012 WI 68, 816 N.W.2d 177, 342 Wis. 2d 1, 2012 Wisc. LEXIS 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cain-wis-2012.