COURT OF APPEALS DECISION DATED AND RELEASED July 11, 1996 |
NOTICE |
A party may file with the
Supreme Court a petition to review an adverse decision by the Court of
Appeals. See § 808.10 and
Rule 809.62, Stats. |
This opinion is subject to
further editing. If published, the
official version will appear in the bound volume of the Official Reports. |
No. 95-0237-CR
STATE
OF WISCONSIN IN COURT OF
APPEALS
DISTRICT IV
STATE OF WISCONSIN,
Plaintiff-Respondent,
v.
ERIC E. ERDOS,
Defendant-Appellant.
APPEAL from a judgment
of the circuit court for Grant County:
GEORGE S. CURRY, Judge. Affirmed.
Before Eich, C.J.,
Gartzke, P.J., and Sundby, J.
PER
CURIAM. Eric Erdos appeals from a judgment convicting him on
two counts of failure to provide child support. The issue is whether the trial court violated his due process
rights by ruling that Erdos could not present testimony that he did not believe
that he was the father of the child in question. We conclude that the issue was waived, and therefore affirm.
The trial court issued
its exclusion ruling pursuant to the State's pretrial motion. Erdos then pled no contest on two of the
three charges against him. Judgment was
entered accordingly.
A plea of no contest
ordinarily waives all nonjurisdictional defects and defenses, including
violation of constitutional rights, that occur before entry of the plea. County of Racine v. Smith, 122
Wis.2d 431, 434, 362 N.W.2d 439, 441 (Ct. App. 1984). An exception exists, however, for review of an order denying a
motion to suppress evidence or a motion challenging the admissibility of the
defendant's statement. Section
971.31(10), Stats. Erdos argues that he is entitled to review
of the trial court's ruling under this statutory exception. We reject his contention because the trial
court's order excluding his testimony is neither an order denying a motion to
suppress evidence nor an order denying a motion challenging the admissibility
of the defendant's statement. As the
State notes, an order granting a motion to exclude evidence is not the same as
an order denying a suppression motion.
In any event, Erdos was
not prejudiced by the trial court's ruling.
The State prosecuted Erdos on the basis of its allegation that he
knowingly violated a child support order.
He admitted that he was aware of that order. His belief that it may have been unjust was irrelevant.
By the Court.—Judgment
affirmed.
This opinion will not be
published. See Rule 809.23(1)(b)5, Stats.