Ernst v. State

The sole issue presented on this review is whether the trial court erred in denying defendant’s postconviction motion to withdraw his pleas of guilty.

In State v. Reppin (1967), 35 Wis. 2d 377, 385, 151 N. W. 2d 9, this court adopted the “manifest injustice” test, whereby the defendant should be permitted to withdraw his plea of guilty if he is able to prove by clear and convincing evidence that his plea was made under any of the following nonexhaustive situations:

“ ‘ (1) he was denied the effective assistance of counsel guaranteed to him by constitution, statute, or rule;

“‘(2) the plea was…