State v. Hendricks, No. 2015AP2429-CR

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtREBECCA GRASSL BRADLEY, J.
Citation379 Wis.2d 549,906 N.W.2d 666,2018 WI 15
Parties STATE of Wisconsin, Plaintiff-Respondent, v. Shannon Olance HENDRICKS, Defendant-Appellant-Petitioner.
Docket NumberNo. 2015AP2429-CR
Decision Date20 February 2018

379 Wis.2d 549
906 N.W.2d 666
2018 WI 15

STATE of Wisconsin, Plaintiff-Respondent,
v.
Shannon Olance HENDRICKS, Defendant-Appellant-Petitioner.

No. 2015AP2429-CR

Supreme Court of Wisconsin.

Oral Argument: October 2, 2017
Opinion Filed: February 20, 2018


For the defendant-appellant-petitioner, there were briefs filed by and an oral argument by Hannah Schieber Jurss, assistant state public defender.

For the plaintiff-respondent, there was a brief filed by and an oral argument by Warren D. Weinstein, assistant attorney general, with whom on the brief was Brad D. Schimel, attorney general.

REBECCA GRASSL BRADLEY, J.

379 Wis.2d 552

¶1 Shannon Olance Hendricks seeks to withdraw the guilty plea he entered to one count of child enticement. He claims the circuit court's failure to tell him the legal definition of "sexual contact" at his plea hearing violated Wis. Stat. § 971.08's requirement that a pleading defendant

379 Wis.2d 553

must understand the nature of the charge.1 Because sexual contact is not an element of the crime of child enticement, and because the record shows Hendricks understood the nature of the charge to which he pled

906 N.W.2d 668

guilty, the plea colloquy comported with both § 971.08 and State v. Bangert, 131 Wis. 2d 246, 389 N.W.2d 12 (1986), and Hendricks is not entitled to an evidentiary hearing. Accordingly, we affirm the court of appeals decision2 upholding the circuit court's order3 denying Hendricks' motion for plea withdrawal. Moreover, we decline the State's request to modify the Bangert requirements.

I. BACKGROUND

¶2 The criminal complaint charged Hendricks with one count of second-degree sexual assault of a child under the age of 16. The charges stemmed from Hendricks taking his girlfriend's 14-year-old niece to a park where he touched the victim's chest over her clothes, tried to touch her breasts under her clothes, rubbed her thighs, and touched her buttocks over her clothes while pressuring her to let him have sexual intercourse with her.4 In January 2012, on the second day of his trial for second-degree sexual assault, Hendricks

379 Wis.2d 554

decided to take the State's plea offer: Hendricks would plead guilty to the reduced charge of child enticement and the State would recommend a sentence concurrent to the prison sentence Hendricks was currently serving. With help from his lawyer, Hendricks filled out a guilty plea questionnaire and waiver of rights form. After he completed the form, the circuit court conducted a plea colloquy.

¶3 The circuit court began the colloquy by going over the plea questionnaire and waiver of rights form and personally confirming with Hendricks that: (1) he was admitting he committed child enticement, a felony; (2) he was 31 years old, completed high school, understands English, and understands the charge; (3) he was taking medication for anxiety and depression, but had not used any other drugs or alcohol in the last 24 hours; and (4) he understood the constitutional rights he was giving up by pleading guilty including the right to trial, the right to remain silent, the right to testify, the right to a jury trial, and the right to force the State to prove its case beyond a reasonable doubt.

¶4 Next, the circuit court asked Hendricks' lawyer if he had discussed the elements of the offense with his client and noted defense counsel had attached an element sheet to the plea questionnaire. Hendricks' lawyer answered: "Correct, Your Honor. We did go over the elements." Defense counsel told the court he was satisfied that Hendricks understood the elements. The circuit court then asked Hendricks again if he understood he was "pleading guilty and admitting to, as I said, child enticement, which is a felony," and

379 Wis.2d 555

Hendricks answered affirmatively. Next, the circuit court asked Hendricks if he was admitting that he:

... did entice a child, a person under the age of 18, to go into a vehicle, building or room or secluded place, in this case, given the facts in the complaint and given what's indicated on the element sheet, you're admitting that you did cause the victim in this case to go
906 N.W.2d 669
into a secluded area; you intended to have her go to that secluded area, and you understand and knew that the victim was under the age of 18; is that correct?

Hendricks answered, "Yes, Your Honor." After going through all the information related to sentencing, the required deportation warning, the effect pleading guilty would have on Hendricks' right to vote and possession of a firearm, and confirming he was pleading guilty of his "own free will" because he was in fact guilty, the circuit court recognized it had not mentioned any of the prohibited intents listed in the child enticement statute and the elements sheet attached to the plea questionnaire did not specify a prohibited intent.

¶5 After a sidebar, the circuit court continued with the plea colloquy:

[T]he plea under 948.07 needs to be entered to child enticement but under a specific subsection.

There are six subsections. Subsection (1) is the person, the defendant, enticing a child under 18 to go to a vehicle, room, building or secluded place for one of—and there are alternate purposes. Subsection (1) is having sexual contact or intercourse with a child; subsection (2) is for the purpose of prostitution; subsection (3) is exposing a sex organ; subsection (4) is making a recording of a child engaged in explicit conduct; subsection (5) is causing bodily or mental
379 Wis.2d 556
harm to the child; subsection (6) is giving or selling the child a controlled substance.

Obviously, in this case, according to the complaint and the information, and what I just discussed with the attorneys, what applies, correct me if I'm wrong is Subsection (1), the enticement was for the purpose of, at a minimum, sexual contact, correct counsel?

Hendricks' lawyer answered, "Correct, Your Honor."

¶6 The circuit court then directly addressed Hendricks, asking him if he understood "that's what you're admitting to; you're admitting to child enticement? You were bringing this child under 18 to, in this case, a secluded area for the purpose of potentially having sexual contact with that child, and that's indicated in the complaint, indicated in this case; is that correct, sir?" Hendricks replied, "Yes, it is, Your Honor." The circuit court asked again if Hendricks was pleading guilty because he was guilty and he replied "Yes, I am, Your Honor." The circuit court then went through whether anyone threatened, forced, or told Hendricks to plead guilty and Hendricks assured the court no one had. Hendricks confirmed that his attorney had gone over the guilty plea form with him, that Hendricks read the form, "went over the case" with his lawyer, signed the form, and "had enough time to review this matter" and discuss it with his attorney.

¶7 The circuit court then addressed questions to Hendricks' lawyer:

THE COURT: Counsel, you went over the agreement with your client?

[DEFENSE COUNSEL]: We did, Your Honor.

THE COURT: You're satisfied his plea today is free, voluntary and intelligent?
379 Wis.2d 557
[DEFENSE COUNSEL]: I am, Your Honor.

THE COURT: You saw your client sign and date the questionnaire today?

[DEFENSE COUNSEL]: Yes, Your Honor.

THE COURT: I've read the complaint. The parties are stipulating to the facts in the complaint as a factual basis to support the amended charge and the plea; is that correct?

[PROSECUTOR]: Yes.
906 N.W.2d 670
[DEFENSE COUNSEL]: Your Honor, we are agreeing to the complaint. As far as what the contact was, we're agreeing to what the victim testified to at the preliminary hearing, which, you know, which would also support the plea.

THE COURT: Well, it was certainly enough on this case.

¶8 The circuit court then directly asked Hendricks if he was "admitting to that," and he said "Yes, Your Honor." The circuit court continued with Hendricks: "You're admitting to the contact, again, with a child who was under 18, the victim, with a date of birth of 9/19/1996, and you're admitting that it was sexual contact, correct, sir?" Hendricks replied, "Yes, Your Honor."

¶9 Based on the stipulation, the complaint, and "what's been indicated in court by counsel and the defendant," the circuit court found: (1) there was a factual basis "for the charge of and plea to child enticement, which is a felony, under 948.07(1)"; and (2) "the defendant has freely, voluntarily and intelligently entered his plea; freely, voluntarily and intelligently

379 Wis.2d 558

waived his rights in this matter." The circuit court accepted the plea, ordered a pre-sentence investigation report, and set a date for sentencing.

¶10 Before sentencing occurred, Hendricks filed a motion seeking to withdraw his plea claiming he...

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11 practice notes
  • State v. McAlister, No. 2014AP2561
    • United States
    • United States State Supreme Court of Wisconsin
    • April 17, 2018
    ...to the court of appeals or in its response to the petition for review. Accordingly, we deem the issue forfeited. See State v. Hendricks, 2018 WI 15, ¶ 32, 379 Wis. 2d 549, 906 N.W.2d 666.3. Newly discovered evidence ¶ 31 If a judgment is to be set aside based on newly discovered evidence, t......
  • State v. Demerath, Appeal No. 2017AP1431-CR
    • United States
    • Court of Appeals of Wisconsin
    • August 30, 2018
    ...and its potential applicability to this case, after briefing was completed in this appeal, our supreme court decided State v. Hendricks , 2018 WI 15, 379 Wis. 2d 549, 906 N.W.2d 666. There, the defendant attempted to withdraw his presentencing guilty plea to child enticement, asserting that......
  • United States v. Franklin, Nos. 16-1580 & 16-1872
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • July 17, 2018
    ...alternative elements of burglary or instead only identify alternative means of committing burglary. See, e.g., State v. Hendricks , 379 Wis.2d 549, 565–72, 906 N.W.2d 666, 673–77 (Wis. 2018) (deciding similar question under child enticement statute, Wis. Stat. § 948.07 ).The question may se......
  • State v. Graham, Appeal No. 2018AP2367-CR
    • United States
    • Court of Appeals of Wisconsin
    • April 6, 2021
    ...the definition of the term "sexual contact" in order to enter a valid guilty plea to a charge of child enticement. State v. Hendricks , 2018 WI 15, ¶21, 379 Wis. 2d 549, 906 N.W.2d 666. The court explained that an act of sexual contact is one mode of committing child enticement and is not a......
  • Request a trial to view additional results
11 cases
  • State v. McAlister, No. 2014AP2561
    • United States
    • United States State Supreme Court of Wisconsin
    • April 17, 2018
    ...to the court of appeals or in its response to the petition for review. Accordingly, we deem the issue forfeited. See State v. Hendricks, 2018 WI 15, ¶ 32, 379 Wis. 2d 549, 906 N.W.2d 666.3. Newly discovered evidence ¶ 31 If a judgment is to be set aside based on newly discovered evidence, t......
  • State v. Demerath, Appeal No. 2017AP1431-CR
    • United States
    • Court of Appeals of Wisconsin
    • August 30, 2018
    ...and its potential applicability to this case, after briefing was completed in this appeal, our supreme court decided State v. Hendricks , 2018 WI 15, 379 Wis. 2d 549, 906 N.W.2d 666. There, the defendant attempted to withdraw his presentencing guilty plea to child enticement, asserting that......
  • United States v. Franklin, Nos. 16-1580 & 16-1872
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • July 17, 2018
    ...alternative elements of burglary or instead only identify alternative means of committing burglary. See, e.g., State v. Hendricks , 379 Wis.2d 549, 565–72, 906 N.W.2d 666, 673–77 (Wis. 2018) (deciding similar question under child enticement statute, Wis. Stat. § 948.07 ).The question may se......
  • State v. Graham, Appeal No. 2018AP2367-CR
    • United States
    • Court of Appeals of Wisconsin
    • April 6, 2021
    ...the definition of the term "sexual contact" in order to enter a valid guilty plea to a charge of child enticement. State v. Hendricks , 2018 WI 15, ¶21, 379 Wis. 2d 549, 906 N.W.2d 666. The court explained that an act of sexual contact is one mode of committing child enticement and is not a......
  • Request a trial to view additional results

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