State v. Chavez, 92-2714-CR
| Decision Date | 16 March 1993 |
| Docket Number | No. 92-2714-CR,92-2714-CR |
| Citation | 175 Wis.2d 366,498 N.W.2d 887 |
| Parties | STATE of Wisconsin, Plaintiff-Respondent, v. Carlos P. CHAVEZ, * Defendant-Respondent. |
| Court | Wisconsin Court of Appeals |
Before CANE, P.J., and LaROCQUE and MYSE, JJ.
Carlos Chavez, a Paraguayan alien, appeals a judgment of conviction for first-degree reckless homicide and an order denying post-conviction relief. He claims that the circuit court's failure to inform him of the likelihood of deportation as required by sec. 971.08(2), Stats., entitles him to withdraw his plea regardless of his awareness of deportation probabilities. Because it is undisputed that Chavez was aware of the potential for deportation when he entered his plea, we conclude that the failure to advise him pursuant to sec. 971.08 was harmless error for which he is not entitled to relief. The judgment and order are affirmed.
Section 971.08, Stats., entitled "Pleas of guilty and no contest; withdrawal thereof" provides:
(1) Before the court accepts a plea of guilty or no contest, it shall do all of the following:
(a) Address the defendant personally and determine that the plea is made voluntarily with understanding of the nature of the charge and the potential punishment if convicted.
(b) Make such inquiry as satisfies it that the defendant in fact committed the crime charged.
(c) Address the defendant personally and advise the defendant as follows: "If you are not a citizen of the United States of America, you are advised that a plea of guilty or no contest for the offense with which you are charged may result in deportation, the exclusion from admission to this country or the denial of naturalization, under federal law."
(2) If a court fails to advise a defendant as required by sub. (1)(c) and a defendant later shows that the plea is likely to result in the defendant's deportation, exclusion from admission to this country or denial of naturalization, the court on the defendant's motion shall vacate any applicable judgment against the defendant and permit the defendant to withdraw the plea and enter another plea. This subsection does not limit the ability to withdraw a plea of guilty or no contest on any other grounds.
Chavez, who does not contest the state's contention that he was aware of the likelihood of deportation when he entered his plea, asks this court to hold as a matter of law that sec. 971.08(2), Stats., mandates the trial court to allow withdrawal of the guilty or no contest plea regardless of his knowledge. Although Chavez concedes that the state may generally overcome a failure to comply with the plea requirements of sec. 971.08(1) by showing evidence that the defendant knew and understood the necessary information to render his plea voluntary and knowing, State v. Bangert, 131 Wis.2d 246, 274, 389 N.W.2d 12, 26 (1986), he maintains that the legislature simply did not intend to permit such a showing with regard to the provisions of subsec. (2) relating to aliens. 1
Chavez' argument is straightforward and simple: The statute is unambiguous. It provides that a defendant "shall" have the right to withdraw his plea and, therefore, his actual knowledge of the consequences of his plea is irrelevant.
Ambiguity may be created by the interaction of separate statutes as well as by the interaction of words and structures of a single statute. State v. Kenyon, 85 Wis.2d 36, 49, 270 N.W.2d 160, 166 (1978). In this case, an ambiguity is created by the provisions of sec. 971.26, Stats.:
Formal defects. No indictment, information, complaint or warrant shall be invalid, nor shall the trial, judgment or other proceedings be affected by reason of any defect or imperfection in matters of form which do not prejudice the defendant.
This statute is consistent with the harmless error rule articulated in State v. Dyess, 124 Wis.2d 525, 370 N.W.2d 222 (1985). That case recognizes that public policy and judicial economy render it reasonable to uphold convictions unless the procedure has been unfair, rights have been subverted or an injustice...
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State v. Davison
...statutes are read together, rather than in isolation, a plain meaning statute may be rendered ambiguous. State v. Chavez, 175 Wis. 2d 366, 370-71, 498 N.W.2d 887 (Ct. App. 1993). Almost every rule of interpretation can be countered by an opposing rule. For the lead article discussing the "t......
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State v. Negrete
...could show that the defendant was otherwise aware of the likely immigration consequences of his plea. See State v. Chavez, 175 Wis.2d 366, 368–71, 498 N.W.2d 887 (Ct.App.1993). ¶ 9 In response to Negrete's motion, the State emphasized that, at the time of Negrete's plea, motions to withdraw......
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State v. Fuerte
...courts applied harmless error analysis to motions to withdraw pleas pursuant to Wis. Stat. § 971.08(2). E.g., State v. Chavez, 175 Wis. 2d 366, 371, 498 N.W.2d 887 (Ct. App. 1993). See also Douangmala, 253 Wis. 2d 173, ¶¶33-40, 646 N.W.2d 1 (discussing Chavez and its progeny). The Chavez co......
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State v. Lagundoye
...¶ 5. At the time Lagundoye entered his pleas, the law governing the application of § 971.08 was controlled by State v. Chavez, 175 Wis. 2d 366, 498 N.W.2d 887 (Ct. App. 1993). The court of appeals in Chavez concluded that the interaction of § 971.08 and Wis. Stat. § 971.266 required an appe......