COURT OF APPEALS DECISION DATED AND RELEASED MARCH 12, 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. |
Nos. 95-1883-CR
95-1884-CR
STATE
OF WISCONSIN IN COURT OF
APPEALS
DISTRICT III
STATE OF WISCONSIN,
Plaintiff-Respondent,
v.
WILLIAM R. GATES,
Defendant-Appellant.
APPEAL from a judgment
and an order of the circuit court for Marathon County: VINCENT K. HOWARD, Judge. Affirmed.
Before Cane, P.J.,
LaRocque and Myse, JJ.
PER
CURIAM. William Gates appeals his conviction for robbery as a
party to the crime and battery to an inmate, having pleaded no contest to the
charges. Gates helped plan the robbery
and drove the getaway car for an accomplice, who robbed a young woman near an
outdoor bank depository. The trial
court imposed a ten-year sentence on the robbery charge and a five-year
consecutive sentence on the battery to an inmate charge. These sentences exceeded not only both
counsels' recommendations, but also the sentencing guidelines. By postconviction motion, Gates sought to
withdraw his no contest plea on the ground that it was not knowing and
voluntary concerning the potential maximum sentence. He claimed that the trial court had never explained the maximum
sentences at the plea hearing and that he had not otherwise understood such
subject matter. The trial court
rejected this claim, finding that Gates had known and understood the maximum
sentences for each crime at his plea hearing.
On appeal, Gates argues that this finding was inaccurate and that his
sentence was excessive. We reject these
arguments and therefore affirm his conviction.
In order to withdraw no contest pleas,
defendants must show that such pleas were unknowing and involuntary. State v. James, 176 Wis.2d
230, 238, 500 N.W.2d 345, 348 (Ct. App. 1993).
Pleas meet this standard if defendants lacked sufficient awareness of
the relevant circumstances and likely consequences that could follow, including
the range of punishment. Id. Defendants may withdraw pleas after
sentencing only to prevent a "manifest injustice." State v. Truman, 187 Wis.2d
621, 624, 523 N.W.2d 177, 178 (Ct. App. 1994).
Defendants seeking postsentencing withdrawal must show the manifest
injustice by clear and convincing evidence.
Id. at 624, 523 N.W.2d 179. Moreover, courts need not deeply pursue the question of the
defendant's innocence on postsentencing withdrawals. State v. Booth, 142 Wis.2d 232, 238, 418 N.W.2d 20,
22 (Ct. App. 1987). Trial courts have
considerable discretion in their postsentencing plea withdrawal decisions. State v. Canedy, 161 Wis.2d
565, 579, 469 N.W.2d 163, 169 (1991); Booth, 142 Wis.2d at 237,
418 N.W.2d at 22. We will uphold the
trial court's findings on such matters unless they are clearly erroneous. State v. Johnson, 193 Wis.2d
382, 387, 535 N.W.2d 441, 442 (Ct. App. 1995).
The trial court is the final arbiter on credibility issues. State v. Marty, 137 Wis.2d
352, 359, 404 N.W.2d 120, 123 (Ct. App. 1987).
The trial court
reasonably found that Gates had understood the potential sentences at the time
he pleaded no contest. First, Gates
admitted at the postconviction hearing that he had understood the robbery
charge's ten-year maximum sentence and had expected a ten-year sentence. Second, Gates had completed a plea
questionnaire. This document disclosed
that five years was the maximum sentence for inmate battery and that the trial
court could sentence Gates to the maximum despite counsels'
recommendations. Although Gates
maintained at the postconviction hearing that he never read the questionnaire,
the trial court reasonably rejected this claim. At the plea hearing, Gates stated that he fully discussed the
questionnaire with counsel. He had also
initialed the questionnaire's paragraphs covering the potential sentence and
had admitted that he read the criminal complaint. The complaint stated the maximum sentence in boldface print. In addition, his counsel stated in the
questionnaire that Gates understood every paragraph, and the trial court had
observed Gates discuss the questionnaire with counsel for seventeen minutes in
the plea hearing. Last, having observed
Gates at both hearings, the trial court essentially made a credibility
determination; it could reasonably disbelieve Gates' postjudgment allegations. In short, the postconviction court
reasonably found Gates' plea knowing and voluntary.
The trial court also
issued an appropriate sentence. The
trial court's sentencing decision was discretionary. State v. Macemon, 113 Wis.2d 662, 667-68, 335
N.W.2d 402, 405-06 (1983). Sentencing
courts abuse their discretion whenever they give too much weight to one factor
without regard to contravening considerations.
Harris v. State, 75 Wis.2d 513, 518, 250 N.W.2d 7, 10
(1977). However, sentencing courts have
discretion to determine the weight to give to each of these factors. Ocanas v. State, 70 Wis.2d
179, 185, 233 N.W.2d 457, 461 (1975).
Sentencing courts may base their sentences on any of the factors after
all have been reviewed. Anderson
v. State, 76 Wis.2d 361, 366-67, 251 N.W.2d 768, 771 (1977). Relevant sentencing factors include the
gravity of the offense, the protection of the public, the rehabilitative needs
of the defendant, and the interests of deterrence. State v. Sarabia, 118 Wis.2d 655, 673-74, 348
N.W.2d 527, 537 (1984). Like other
discretionary decisions, sentences must have a reasonable basis in the record
and demonstrate a logical process of reasoning based on the facts of record and
proper legal standards. McCleary
v. State, 49 Wis.2d 263, 277, 182 N.W.2d 512, 519-20 (1971).
Here, the trial court
properly considered all relevant factors and issued a sentence commensurate
with the facts. The trial court placed
emphasis on the nature of the crime.
Gates had taken a substantial role in planning and executing a nighttime
robbery of a young woman using an outdoor bank depository. From the facts of the incident, the trial
court inferred that Gates and his accomplices would have resorted to violence
if the woman had furnished more resistance.
The inmate Gates battered was a robbery accomplice who had testified
against Gates at Gates' preliminary hearing.
Gates battered the inmate as an act of retaliation and
intimidation. Gates also had a
substantial criminal and juvenile record.
These facts helped show his dangerousness and his inability to conform
his behavior to minimum societal standards.
We are satisfied that the trial court's ten-year and five-year
consecutive sentences were proportionate with Gates' character, his
rehabilitative needs, the seriousness of the offenses, the public's right to
protection and the interests of deterrence.
Finally, the fact that the combined sentence departed from the
sentencing guidelines requires no resentencing. This matter is not appealable, State v. Halbert,
147 Wis.2d 123, 132, 432 N.W.2d 633, 637 (Ct. App. 1988), and in any event, the
circumstances fully justified Gates' sentences. In sum, the trial court reasonably exercised its sentencing
discretion.
By the Court.—Judgment
and order affirmed.
This opinion will not be
published. See Rule 809.23(1)(b)5, Stats.