(Download) "State Ex Rel. White v. Gray" by Supreme Court of Wisconsin ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. White v. Gray
- Author : Supreme Court of Wisconsin
- Release Date : January 30, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This is an original action for a writ of to permit the petitioner, Raymond White, to withdraw his guilty plea and to vacate his conviction for burglary based on that plea. The conviction grows out of an incident occurring on December 31, 1970, when a Racine county apartment was burglarized. Police, alerted by a suspicious neighbor, arrested the petitioner and his younger brother, Joseph White. The county court of Racine county, upon a finding that both men were indigent, appointed Attorney James Bremer to represent them. At their preliminary hearing, held on February 12, 1971, the White brothers were bound over for trial. Petitioner's arraignment was held on March 12th, at which time he entered a plea of not guilty. The matter was set for trial on March 24th. On that day petitioner changed his plea to guilty. The trial court, after finding petitioner's plea to be knowledgeable and voluntary, accepted the plea and convicted the petitioner of burglary contrary to sec. 943.10 (1) (a), Stats. A presentence report was ordered and on April 21st petitioner was sentenced in the Racine county court, Hon. William F. Jones presiding, to an indeterminate term not to exceed eight years. No mention was made, during these proceedings, of the Disposition of the criminal proceedings which had been instituted against petitioner's brother, Joseph White. The burglary charges were dropped against Joseph White shortly after Raymond White was convicted on his guilty plea. At the request of Raymond White, Attorney Robert P. Goodman of Racine was appointed by this court to assist him in pursuing his post-conviction remedies. Counsel submitted a motion to vacate the plea and sentence. A hearing was held on this motion in the Racine county court, Hon. William F. Jones presiding, on August 2d. Petitioner argued that his guilty plea had not been freely and voluntarily given and that, therefore, a manifest inJustice had occurred. The reason given by Raymond White for the plea's involuntary nature was the substance of the bargain he was offered by the district attorney. Raymond and his brother Joseph both testified that the bargain contemplated Raymond's guilty plea in exchange for the charges being dropped against the younger brother. Raymond testified that his brother Joseph had a girl friend and two or three children to support and that Raymond wanted his brother's freedom rather than his own. Counsel asserted that the bargain negatived the voluntariness of Raymond's guilty plea. The effectiveness of Raymond's representation by the same counsel who represented his brother during the plea negotiations was also questioned. Raymond argued that his guilty plea might not have been so readily given had he been represented by different trial counsel. The trial court, in denying Raymond White's motion, stated it felt his testimony was incredible and found no manifest inJustice had occurred. The trial court did not enter findings indicating whether or not the plea bargain that Raymond claimed was agreed upon had been entered into.
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