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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) In this section, “postconviction relief” and “sentencing” have the meanings ascribed in s. 809.30(1).
(2) The trial judge shall personally inform the defendant at the time of sentencing of the right to seek postconviction relief and, if indigent, the right to the assistance of the state public defender.
(3) Before adjourning the sentencing proceeding, the judge shall direct the defendant and defendant's trial counsel to sign a form to be entered in the record, indicating that the lawyer has counseled the defendant regarding the decision to seek postconviction relief, and that the defendant understands that a notice of intent to pursue postconviction relief must be filed in the trial court within 20 days after sentencing for that right to be preserved.
(4) The judge shall direct the defendant's counsel to confer with the defendant before signing the form, during the proceeding or as soon thereafter as practicable, and may make appropriate orders to allow the defendant to confer with counsel before being transferred to the state prison. The defendant shall be given a copy of the form.
(5) If the defendant desires to pursue postconviction relief, the defendant's trial counsel shall file the notice required by s. 809.30(2)(b).
Cite this article: FindLaw.com - Wisconsin Statutes Criminal Procedure (Ch. 967 to 980) § 973.18. Notice of rights to appeal and representation - last updated January 01, 2025 | https://codes.findlaw.com/wi/criminal-procedure-ch-967-to-980/wi-st-973-18/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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