State v. Harrington

Joseph Harrington appeals from a judgment convicting him, on his plea of no contest, of felony theft (property over $1,000 in value), in violation of § 943.20(l)(a) and (3)(b), Stats., and an order denying his motion for postconviction relief.

The issue is whether a factual basis existed for the trial court's acceptance of the plea. We conclude that it did not, and we reverse and remand for resentencing as a misdemeanor.

The facts are not disputed. Harrington was initially charged with burglary, and a complaint charging that offense was issued. Several months later, the State amended the…