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STATE v. HARRINGTON

No. 93-1322-CR.

181 Wis.2d 985 (1994)

512 N.W.2d 261

STATE of Wisconsin, Plaintiff-Respondent, v. Joseph H. HARRINGTON, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 27, 1994.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Charles Bennett Vetzner, assistant state public defender, Madison.

For the plaintiff-respondent the cause was submitted on the brief of James E. Doyle, attorney general, and Sally L. Wellman, assistant attorney general.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

EICH, C.J.

Joseph Harrington appeals from a judgment convicting him, on his plea of no contest, of felony theft (property over $1,000 in value), in violation of § 943.20(1)(a) and (3)(b), STATS., and an order denying his motion for postconviction relief.

The issue is whether a factual basis existed for the trial court's acceptance of the plea. We conclude that it did not, and we reverse and remand for resentencing as a misdemeanor.

The facts are...

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