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STATE v. PLANK

No. 2004AP2280-CR.

282 Wis.2d 522 (2005)

2005 WI App 109

699 N.W.2d 235

STATE of Wisconsin, Plaintiff-Respondent, v. Richard C. PLANK, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 19, 2005.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Jamy R. Johansen of Johansen Law Office, Superior.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Peggy A. Lautenschlager, attorney general, and Alan Lee, assistant attorney general, Madison.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. PETERSON, J.

Richard Plank appeals a judgment of conviction for substantial battery and an order denying his motion for postconviction relief. Plank argues he is entitled to withdraw his no contest plea because: (1) the court failed to personally inform him that it was not bound by the plea agreement and (2) the court failed to explain that, under truth-in-sentencing, he would not be eligible for early release...

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