COURT OF APPEALS DECISION DATED AND FILED November 4, 2008 David R. Schanker Clerk of Court of Appeals |
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This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports. A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. See Wis. Stat. § 808.10 and Rule 809.62. |
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Appeal No. |
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STATE OF WISCONSIN |
IN COURT OF APPEALS |
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DISTRICT I |
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State of Plaintiff-Respondent, v. Luis O. Santiago, Defendant-Appellant. |
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APPEAL
from an order of the circuit court for
Before Fine, Kessler and Brennan, JJ.
¶1 PER CURIAM. Luis O. Santiago appeals
from the order denying his motion for postconviction relief. He argues that the circuit court erred when
it denied his motion to withdraw his plea without holding a hearing. Because we conclude that the issues
¶2 In 2002,
¶3 In 2007,
¶4 The circuit court denied the motion without holding a hearing. The court noted that the motion did not specifically allege ineffective assistance of counsel, nonetheless, the court reviewed the matter as a claim of ineffective assistance of postconviction counsel under State ex rel. Rothering v. McCaughtry, 205 Wis. 2d 675, 556 N.W.2d 136 (Ct. App. 1996). The court declined to hold a hearing on the issue, and denied the motion on the ground that the allegations were not sufficient to warrant a hearing.
¶5 We affirm, but for a different reason.
¶6 In Escalona, the supreme court held that:
(1) all grounds for relief under Wis. Stat. § 974.06 (2003-04) must be raised in a petitioner’s original, supplemental, or amended motion; (2) an issue finally adjudicated in a prior postconviction motion may not serve as the basis for a further § 974.06 motion; and (3) issues that could have been, but were not, raised in an earlier § 974.06 motion may not be raised in a later motion unless the party establishes “sufficient reason” for failing to previously raise the issues.
State v. Tillman, 2005 WI App 71, ¶1,
281
¶7 The issues
By the Court.—Order affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)5.