State Wisconsin v. Jimmie Dickie Kazee
- Title: State Wisconsin v. Jimmie Dickie Kazee
- By: Court of Appeals of Wisconsin
- Release Date: 1995-02-07
- Genre: Law
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FINE, J. Jimmie Dickie Kazee appeals a judgment convicting him of three counts of first-degree sexual assault, see § 940.225(1)(b), STATS., one count of robbery, see § 943.32(1)(b), STATS., and one count of armed burglary, see § 943.10(2)(a), STATS. The judgment was entered on Kazee's guilty plea pursuant to the procedure approved by State v. Johnson , 105 Wis. 2d 657, 661-663, 314 N.W.2d 897, 899-900 (Ct. App. 1981), which ruled that pleas authorized by North Carolina v. Alford , 400 U.S. 25 (1970), may be accepted in Wisconsin. Alford , a capital case, held that the United States Constitution is not violated when a defendant accepts conviction even though he or she simultaneously claims to be innocent. Id. , 400 U.S. at 37-38. 1 The trial court accepted Kazee's Alford -type plea after it denied Kazee's motion to change his plea of ""not guilty"" to the dual plea authorized by § 971.06, STATS.--""not guilty"" and ""not guilty by reason of mental disease or defect."" 2 Kazee was sentenced to a total term of incarceration of ninety years. Eleven months later, Kazee sought to withdraw his Alford -type plea, contending that it was not entered knowingly. The trial court denied Kazee's motion, and Kazee appeals from that order as well. We affirm. I.