Ineffective Assistance of Counsel.


Byline: Derek Hawkins

WI Court of Appeals District I

Case Name: State of Wisconsin v. Lue Xiong

Case No.: 2017AP2254-CR; 2017AP2255-CR

Officials: Kloppenburg, Brash and Dugan, JJ.

Focus: Ineffective Assistance of Counsel

Lue Xiong appeals his judgments of conviction and the trial court's denial of his postconviction motion seeking to modify his sentence. Xiong pled guilty to second-degree recklessly endangering safety with a domestic abuse assessment, and arson of a building with a domestic abuse assessment; numerous other charges were dismissed and read in for purposes of sentencing. In his postconviction motion, Xiong argued that his sentence was based on inaccurate information, and that the trial court had erroneously exercised its discretion with regard to the factors it considered in imposing the sentence. The trial court denied the motion without a hearing.

On appeal, Xiong requests that his sentence be vacated and the matter be remanded for resentencing because he was denied the effective assistance of counsel due to a lack of adequate interpreter services at the plea and sentencing hearings. He also renews...

To continue reading