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STATE v. MASON

No. 85-1871-CR.

132 Wis.2d 427 (1986)

393 N.W.2d 102

STATE of Wisconsin, Plaintiff-Respondent, v. Lewis MASON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 9, 1986.

Attorney(s) appearing for the Case

For the defendant-appellant, there were briefs and oral argument by William J. Tyroler, assistant state public defender.

For the plaintiff-respondent, there were briefs by Bronson C. La Follette, attorney general and Sally Wellman, assistant attorney general. Oral argument by Sally Wellman.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

The issue is whether the state is permitted under sec. 904.10, Stats., to use statements made during a hearing on a guilty plea, later withdrawn, for impeachment purposes at a subsequent trial. We conclude that sec. 904.10 renders statements made during a guilty plea hearing inadmissible for any purpose at a subsequent trial and we reverse.1

Lewis Mason was charged with four counts of sexual assault (two counts of first...

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