[Download] "State Wisconsin v. Saul R. Lopez" by Court of Appeals of Wisconsin ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Wisconsin v. Saul R. Lopez
- Author : Court of Appeals of Wisconsin
- Release Date : January 06, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
BROWN, J. Saul R. Lopez, a citizen of Mexico, pled no contest to a charge of first-degree reckless injury. However, he was not advised by the trial court that his no contest plea could result in his deportation from the United States as is required by § 971.08(1)(c), STATS. Lopez later sought to withdraw his plea due to this omission. The trial court acknowledged the error but, after hearing testimony from Lopez's trial counsel that Lopez knew of the potential for deportation, found the error harmless. Lopez admits that State v. Chavez, 175 Wis. 2d 366, 371, 498 N.W.2d 887, 889 (Ct. App. 1993), and State v. Issa, 186 Wis. 2d 199, 519 N.W.2d 741 (Ct. App. 1994), allow a trial court to go outside the plea hearing record and determine the error to be harmless. However, he claims that S tate v. Baeza, 174 Wis. 2d 118, 496 N.W.2d 233 (Ct. App. 1993), expressly conflicts with Chavez and Issa and asks us to reconcile the conflict in his favor. We reject Lopez's assertions that the cases are irreconcilable. The procedure employed by the trial court was sound and we affirm. Lopez was born and raised in Mexico City, Mexico. He came to the United States sometime in 1988 and moved to Racine approximately a year and a half later. Lopez was charged with first-degree reckless injury while armed with a dangerous weapon and was bound over for trial after a preliminary hearing. At his arraignment, the trial court was informed that Lopez was not a citizen of the United States. Subsequently, Lopez pleaded no contest to the crime as charged. At no time during the plea hearing did the trial court follow the mandate of § 971.08(1)(c), STATS., which states that the trial court shall: