05/22/96 State Wisconsin V. Kamau Kambui Bentley

ANN WALSH BRADLEY, J. The State seeks review of a decision of the court of appeals, *fn1 reversing an order that denied the postconviction motion of the defendant, Kamau Kambui Bentley, to withdraw his guilty pleas based on alleged ineffective assistance of counsel. The court of appeals agreed with the defendant that the circuit court erred in denying his motion without first conducting an evidentiary hearing. Because Bentley's motion on its face failed to allege facts which, if true, would entitle him to relief, we conclude that the circuit court was not required to hold such a hearing. We further conclude that the circuit court's decision not to hold an evidentiary hearing constituted a proper exercise of its discretion. Accordingly, we reverse the decision of the court of appeals.