People v. Nicholson

1 Analyses of this case by attorneys

  1. Guilty Pleas – Factual Basis — Use of Complaint

    Wisconsin State Public DefenderFebruary 13, 2001

    If the facts as set forth in the complaint meet the elements of the crime charged, they may form the factual basis for a plea.¶16. … (A) factual basis for a plea exists if an inculpatory inference can be drawn from the complaint or facts admitted to by the defendant even though it may conflict with an exculpatory inference elsewhere in the record and the defendant later maintains that the exculpatory inference is the correct one. See, e.g., State v. Spears, 147 Wis. 2d 429, 435, 433 N.W.2d 595 (Ct. App. 1988); In re Guilty Plea Cases, 235 N.W.2d 132, 145 (Mich. 1975). This is the essence of what a defendant waives when he or she enters a guilty or no contest plea.