Drake v. State

To prevail here, the defendant must establish that setting aside the judgment and order of the trial court and allowing the defendant to withdraw his guilty plea is “. . . necessary to correct a manifest injustice.” Where, as here, the record shows compliance with sec. 957.26 (2), Stats., and an apparent waiver of counsel, the burden of proof is on the defendant to establish that his waiver of counsel was not made voluntarily, knowledgeably and intelligently. The burden to show that the plea of guilty is involuntary likewise rests with the defendant. Such burden has not been met, and on this…