State v. Timothy L. Finley, Jr.

¶ 97. (dissenting). I do not join the majority opinion because I would not allow defendant Timothy Finley ("Finley") to withdraw his plea of no contest, for three reasons. First, the two misstatements in this case as to the maximum penalty applicable to Finley's plea, taken together, do not constitute a Bangert violation. Second, even if a Bangert violation could be said to have occurred in this case, the circuit court's finding subsequent to the Bangert hearing that Finley knew the maximum applicable penalty is not clearly erroneous. Third, even if a Bangert violation could be said to have…