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eBook details

• Title: State v. John
• Author : Supreme Court of Wisconsin
• Release Date : January 30, 1973
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

This is an appeal from an order of the circuit court dismissing the petition of Ervin Chris John, the appellant, for post-conviction relief under sec. 974.06, Stats. On July 1, 1971, an information was filed charging John with one count of robbery (party to a crime) under sec. 943.32 (1) (a) and sec. 939.05. A few weeks later at a hearing on bail and to set the date of trial, the court was informed that John would waive the jury as he intended to plead guilty to a reduced charge of aggravated battery. On July 23, 1971, the district attorney moved to amend the information to a charge of aggravated battery under sec. 940.22. The judgment roll reflects this motion was granted although the transcript of the proceedings does not reflect this action. Apparently the court took testimony to determine whether the facts justified aggravated battery, found the plea to be freely and voluntarily made, and accepted the plea. The court then convicted John of aggravated battery on the plea and sentenced him to a term of not more than five years in the state reformatory. On April 12, 1972, a motion for post-conviction relief was filed on the ground the court lacked jurisdiction to convict because there was no information on file charging John with aggravated battery and also that the hearing was insufficient to determine the voluntariness of the plea of guilty. At the time of the hearing on April 27th, the district attorney was not prepared and wished to file a responsive brief. The court set the time for the filing of the briefs but declined to reschedule the matter for oral arguments. On June 13th the court sua sponte called a meeting of the defense counsel and district attorney and issued an order for the appearance of Mr. John in order to take his testimony on the petition. At the hearing on June 19th the court was informed John had escaped and could not be produced under the court order and thereupon the court dismissed the petition. From this order, John appeals.

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