State of Wisconsin v. Rodriguez
In State of Wisconsin v. Rodriguez, 221 Wis. 2d 487, 585 N.W.2d 701 (1998), the Court of Appeals of Wisconsin held that it was not an abuse of discretion to deny a defendant's motion to withdraw his no contest plea after sentencing because the defendant erroneously believed he was a United States citizen when he entered the plea.
The court in Rodriguez held that a misunderstanding of citizenship status does not mean a plea is not voluntarily, knowingly, and intelligently entered. Id. at 495, 585 N.W.2d at 704.
The court stated that a defendant entering a guilty or no contest plea "has the constitutional right to be informed of the direct consequences of the plea, but not of the collateral consequences." Id.
The court reasoned that "lack of knowledge of the collateral consequences of a guilty plea does not affect the plea's voluntariness because knowledge of these consequences is not a prerequisite to entering a knowing and intelligent plea." Id.