[U] State v. Fredrich

1. Wayne M. Fredrich appeals a judgment convicting him of physically abusing his two-year-old son. He also appeals an order denying his motion to withdraw his no contest plea based on ineffective assistance of trial counsel. He argues that his counsel failed to inform him that reasonable parental discipline is a defense to the charge.1 Because the evidence supports the trial court's finding that Fredrich would have accepted the plea agreement and would not have gone to trial even if he was aware of the parental discipline defense, we affirm the judgment and order. 2. Fredrich spanked his son, leaving a four to six inch bruise on the son's buttocks. He reported the incident to his wife stating he ""beat his ass"" because he refused to go to bed and awakened their infant. Fredrich told the police that he spanked the boy because he was throwing a temper tantrum after receiving a bath. He later stated that the toddler had struck the infant in the face. Fredrich's story eventually evolved into an accusation that the toddler struck the infant with such force that the infant's eyes rolled up and he was shaking, causing Fredrich to think the toddler may have killed the infant. On that basis, he claims on appeal his spanking constituted reasonable parental discipline, a defense his attorney never considered or explained to him.