06/22/94 State Wisconsin V. Barbaro

JANINE P. GESKE, J. This is an appeal from an order of the Dane County Circuit Court, Robert R. Pekowsky, Circuit Judge, in a proceeding under sec. 974.06, Stats., *fn1 to vacate a judgment of conviction or, in the alternative, order a new trial for defendant Barbaro Escalona-Naranjo (Escalona-Naranjo). Escalona-Naranjo argued that his conviction resulted from a denial of his state and federal right to effective assistance of counsel under art. I, secs. 7 and 8 of the Wisconsin Constitution *fn2 and the sixth and fourteenth amendments to the United States Constitution. *fn3 By order dated March 9, 1992, the court dismissed Escalona-Naranjo's amended sec. 974.06 motion. The court concluded that each  of the issues raised in Escalona-Naranjo's motion had been raised in initial postconviction motions to the circuit court, and on appeal. As such, a motion under sec. 974.06 could not be used to review issues which were or could have been litigated on direct appeal.