State v. Drake

In State v. Drake, 184 Wis. 2d 396, 515 N.W.2d 923 (Ct. App. 1994), the trial court imposed four years' probation on Timothy Drake after he pleaded guilty to physical abuse of a child in 1990. Drake, 184 Wis. 2d at 397-98. After Drake's probation was revoked in May 1992, he returned to court for sentencing. See Drake, 184 Wis. 2d at 398. Before the court imposed the prison sentence, Drake moved to withdraw his guilty plea and for a trial. See id. The court denied the motion and imposed a sentence of three years in prison on October 30, 1992. See id. Drake filed a notice of intent to pursue postconviction relief under Wis. Stat. Rule 809.30(2)(b) and appealed from the judgment of conviction imposing the prison sentence. See id. All of Drake's arguments on appeal related to whether he should have been allowed to withdraw his guilty plea. See id. The Court concluded that we lacked jurisdiction to decide those issues. See id. The Court reasoned that had Drake wished to challenge the validity of his plea, he could have taken a direct appeal from the December 1990 judgment of conviction. See Drake, 184 Wis. 2d at 399. By the time Drake moved to withdraw his guilty pea, the deadline for filing a direct appeal from that judgment "had long since expired." Id.