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DRAKE v. STATE

Nos. State 87, 88.

45 Wis.2d 226 (1969)

172 N.W.2d 664

DRAKE, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided December 19, 1969.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Roy T. Traynor of Wausau.

For the defendant in error the cause was argued by Betty R. Brown, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, William A. Platz, assistant attorney general, and Daniel L. La Rocque, district attorney of Marathon county.

ROBERT W. HANSEN, J.

To prevail here, the defendant must establish that setting aside the judgment and order of the trial court and allowing the defendant to withdraw his guilty plea is "... necessary to correct a manifest injustice."1 Where, as here, the record shows compliance with sec. 957.26 (2), Stats., and an apparent waiver of counsel, the burden of proof is on the defendant to establish that his waiver of counsel was not made voluntarily...

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