State v. Jose Alberto Reyes Fuerte

2017 WI 104 SUPREME COURT OF WISCONSIN CASE NO.: 2015AP2041-CR COMPLETE TITLE: State of Wisconsin, Plaintiff-Respondent-Petitioner, v. Jose Alberto Reyes Fuerte, Defendant-Appellant. REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at 372 Wis. 2d 106, 887 N.W.2d 121 PDC No: 2016 WI App 78 - Published OPINION FILED: December 19, 2017 SUBMITTED ON BRIEFS: ORAL ARGUMENT: September 5, 2017 SOURCE OF APPEAL: COURT: Circuit COUNTY: Columbia JUDGE: Alan J. White JUSTICES: CONCURRED: DISSENTED: ABRAHAMSON, J. dissents, joined by A.W. BRADLEY, J. (opinion filed). NOT PARTICIPATING: ATTORNEYS: For the plaintiff-respondent-petitioner, there were briefs filed by Nancy A. Noet, assistant attorney general, and Brad D. Schimel, attorney general. There was an oral argument by Lisa E.F. Kumfer, assistant attorney general. For the defendant-appellant there was a brief filed by Ben M. Crouse and Sesini Law Group, S.C., Milwaukee. There was an oral argument by Ben M. Crouse. 2017 WI 104 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2015AP2041-CR (L.C. No. 2012CF582) STATE OF WISCONSIN : IN SUPREME COURT State of Wisconsin, Plaintiff-Respondent-Petitioner, FILED v. DEC 19, 2017 Jose Alberto Reyes Fuerte, Diane M. Fremgen Clerk of Supreme Court Defendant-Appellant. REVIEW of a decision of the Court of Appeals. Reversed. ¶1 MICHAEL J. GABLEMAN, J. This is a review of a published decision of the court of appeals that reversed the Columbia County Circuit Court's1 order denying Jose Alberto Reyes Fuerte's ("Reyes Fuerte") motion to withdraw two guilty pleas for two separate criminal violations. The motions for withdrawal were made pursuant to Wis. Stat. § 971.08(2) (2013- 14).2 State v. Reyes Fuerte, 2016 WI App 78, 372 Wis. 2d 106, 887 N.W.2d 121. 1 The Honorable Alan J. White presided. 2 All subsequent references to the Wisconsin Statutes are to the 2013-14 version unless otherwise indicated. No. 2015AP2041-CR ¶2 The State argues that motions to withdraw a guilty plea pursuant to Wis. Stat. § 971.08(2) should be subject to harmless error analysis pursuant to Wis. Stat. §§ 971.26 and 805.18, and thus this court should overrule its decision in State v. Douangmala, 2002 WI 62, 253 Wis. 2d 173, 646 N.W.2d 1. The State asks this court to remand this matter to the circuit court for a Bangert3 hearing in order to determine whether Reyes Fuerte knew of the potential immigration consequences of his plea at the time of the plea hearing. ¶3 We hold that Douangmala was objectively wrong because it failed to properly consider the harmless error statutes, Wis. Stat. §§ 971.26 and 805.18, and is thus overruled. Applying harmless error analysis, we further hold that the circuit court's error in this case was harmless as a matter of law and thus reverse the decision of the court of appeals. ¶4 We begin with a description of the facts and procedural history. We then set forth the standard of review. We begin our analysis by setting forth the decisions of this court ...

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