State v. Gerald D. Taylor

¶ 88. (,dissenting). The case before us presents a clear example of a flawed plea colloquy under Bangert,1 Brown,2 and Wis. *77Stat. § 971.08(l)(a).3 According to the case law and the statute, in taking a guilty plea or no-contest plea the circuit court must establish the accused's understanding of the range of punishments which the crime carries.

¶ 89. The concurrence has it right: The defendant has met his two burdens under Bangert, which entitles him to an evidentiary hearing: (1) The defendant has made a prima facie showing of a violation of Wis. Stat. § 971.08(l)(a); and (2) The defendant…