State v. Hunter

2005 WI App 5, 692 N.W.2d 256, 278 Wis. 2d 419, 2004 Wisc. App. LEXIS 1097
CourtCourt of Appeals of Wisconsin
DecidedDecember 30, 2004
Docket03-2348-CR
StatusPublished
Cited by3 cases

This text of 2005 WI App 5 (State v. Hunter) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hunter, 2005 WI App 5, 692 N.W.2d 256, 278 Wis. 2d 419, 2004 Wisc. App. LEXIS 1097 (Wis. Ct. App. 2004).

Opinions

DEININGER, PJ.

¶ 1. Antoine Hunter appeals a judgment of conviction for possession of cocaine with intent to deliver. He also appeals an order that denied his postconviction motion to withdraw his no contest plea. Hunter claims that the trial court made comments following a suppression hearing that constituted judicial involvement in plea negotiations, thereby rendering his subsequent no contest plea involuntary per se under our holding in State v. Williams, 2003 WI App 116, 265 Wis. 2d 229, 666 N.W.2d 58. Because the comments at issue did not amount to "judicial participation in plea negotiations" within the meaning of Williams, id., ¶ 2, and because Hunter does not argue on appeal that the comments actually coerced him into tendering a plea, we conclude that Hunter is not entitled to withdraw his no contest plea. Consequently, we affirm the appealed judgment and order.

[423]*423BACKGROUND

¶ 2. The State charged Hunter with one count of possession with intent to deliver a quantity of cocaine. Hunter appeared before the trial court on October 25, 2000, for a hearing on his motion to suppress evidence. The trial court denied Hunter's motion and, noting that ”[t]his was identified as a dispositive motion," asked the parties if the case should be set "for projected guilty plea." Hunter's attorney informed the court that the case should instead be scheduled for a final pretrial and trial. The trial court responded as follows:

THE COURT: It is unlikely in this case that you're going to be acquitted given the amount of drugs that were seized and where they were seized from and the statements that you have given. You may hold out hope for that, but I want to just be clear and plain with you. This is a case where you are likely to be convicted. If you want to exercise the opportunity to get some credit and in other words to catch a break, then there is a time for coming forward and admitting your guilt.
If you would rather fight this and have a jury find you guilty you will be convicted and you will be sentenced, but you won't get the credit that you would otherwise get by coming forward. Now, I don't say these things to tell you that you don't have a right to a trial. You have a right to sit there as you have today. I will tell you this. You would best be well-behaved during trial because I'm not going to subject a jury to what you have subjected me to today.
[HUNTER]: May I say something?
THE COURT: No you may not. I want you to consider carefully what your odds are at trial and consider carefully whether it's in your best interest to try this case given the weighty evidence against you. Let's go off the record and set a date for final pretrial and trial.

[424]*424¶ 3. After several more court appearances that we describe later in this opinion, Hunter tendered a no contest plea on May 2, 2001, to the single charge against him. The trial court accepted the plea and subsequently sentenced him to sixty-six months of imprisonment, with a thirty-month term of initial confinement and thirty-six months of extended supervision, which was consistent with the State's recommendation as set forth in the parties' plea agreement.

¶ 4. Hunter moved postconviction to withdraw his plea, contending that the trial court had improperly influenced him to plead no contest. In an affidavit supporting his motion, Hunter averred that the court’s comments at the October 25, 2000, motion hearing had caused him to plead no contest in May of2001. The trial court denied the motion without a hearing, concluding that Williams did not apply and that Hunter had failed to make a sufficient showing that his plea had been coerced. Hunter appeals the judgment of conviction and the denial of his postconviction plea withdrawal motion.1

[425]*425ANALYSIS

¶ 5. A defendant who seeks to withdraw a plea after sentencing has the burden of showing by "clear and convincing evidence" that a "manifest injustice" would result if the withdrawal were not permitted. State v. Truman, 187 Wis. 2d 622, 625, 523 N.W.2d 177 (Ct. App. 1994) (citation omitted). To meet this standard, a defendant must show "serious questions affecting the fundamental integrity of the plea." Libke v. State, 60 Wis. 2d 121, 128, 208 N.W.2d 331 (1973). A plea of guilty or no contest that is not shown by the record to have been voluntarily entered does not comply with constitutional requirements for a valid plea. See State v. Bangert, 131 Wis. 2d 246, 257, 389 N.W.2d 12 (1986) (citing Boykin v. Alabama, 395 U.S. 238 (1969)).

¶ 6. Although it is often said that whether to grant a post-sentence plea withdrawal motion is committed to the sound discretion of the trial court, when a defendant establishes a constitutional violation, the withdrawal of his or her plea becomes a matter of right and the trial court has "no discretion in the matter" to [426]*426deny the motion. Bangert, 131 Wis. 2d at 283. Whether a plea was voluntarily entered is a question of constitutional fact. Id. We affirm the trial court's findings of evidentiary or historical facts unless they are clearly erroneous, but we independently determine whether the established facts constitute a constitutional violation that entitles a defendant to withdraw his or her plea. Id. at 283-84; State v. Sturgeon, 231 Wis. 2d 487, 496, 605 N.W.2d 589 (Ct. App. 1999).

¶ 7. We have recently recognized a "bright-line" rule that bars "any form of judicial participation in plea negotiations before a plea agreement has been reached." Williams, 265 Wis. 2d 229, ¶ 1. A plea entered following a judge's participation in plea negotiations is "conclusively presumed" to be entered involuntarily. Id., ¶ 16. Hunter, relying on the Williams bright-line rule, argues that the trial court's comments at the October 25, 2000 motion hearing constituted judicial participation in the plea negotiation process. He claims that, because the trial court participated in plea negotiations, he is entitled to automatic plea withdrawal regardless of whether his plea was actually coerced. We disagree and conclude instead, as did the trial court, that the record does not support Hunter's claim that the trial court "participated in plea negotiations" within the meaning of Williams. Accordingly, there is no "conclusive presumption" that Hunter's plea was involuntarily entered.

¶ 8. Hunter would have us interpret our statement in Williams that "any form of judicial participation in plea negotiations," id., ¶ 1 (emphasis added), mandates the automatic withdrawal upon request of a plea tendered after a judge has made comments like those quoted above. We decline to expand the Williams [427]*427rule to encompass all comments a judge might make regarding the strength of the State's case or the advisability of a defendant giving consideration to a disposition short of trial.

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Related

State v. Malm
2018 WI App 62 (Court of Appeals of Wisconsin, 2018)
State v. Goyette
2006 WI App 178 (Court of Appeals of Wisconsin, 2006)
State v. Hunter
2005 WI App 5 (Court of Appeals of Wisconsin, 2004)

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Bluebook (online)
2005 WI App 5, 692 N.W.2d 256, 278 Wis. 2d 419, 2004 Wisc. App. LEXIS 1097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hunter-wisctapp-2004.