COURT OF APPEALS

                DECISION

   DATED AND RELEASED

 

                July 30, 1996

 

 

 

 

                  NOTICE

 

A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals.  See § 808.10 and Rule 809.62, Stats.

This opinion is subject to further editing.  If published, the official version will appear in the bound volume of the Official Reports.

 

 

 

 

No.  95-3235-CR

 

STATE OF WISCONSIN               IN COURT OF APPEALS

  DISTRICT I           

                                                                                                                       

STATE OF WISCONSIN,

 

                                                            Plaintiff-Respondent,

 

                        v.

 

RANDY RIVERA, JR.,

 

                                                            Defendant-Appellant.

                                                                                                                      

 

 

                        APPEAL from an order of the circuit court for Milwaukee County:  MAXINE A. WHITE, Judge.  Affirmed.

                        Before Wedemeyer, P.J., Fine and Schudson, JJ.

                        PER CURIAM.   Randy Rivera, Jr., pro se, appeals from an order denying his motion to vacate his judgment of conviction for second-degree sexual assault.  See § 940.225(2)(a), Stats.  Rivera argues that the trial court lacked personal jurisdiction because the trial court failed to endorse the complaint with a finding of probable cause and that he was improperly denied a probable cause determination within forty-eight hours of his arrest.  We affirm.

                        Rivera was arrested on March 4, 1995.  On March 7, 1995, Rivera was charged with second-degree sexual assault, kidnapping, and burglary.  On March 8, 1995, Rivera made his initial appearance.  The trial court reviewed the complaint and found probable cause.  Rivera pled guilty to the charge of second-degree sexual assault in exchange for the dismissal of the remaining counts and was sentenced to prison.  Subsequently, Rivera filed a motion to vacate the judgment, arguing that the trial court lacked personal jurisdiction because it had not endorsed a finding of probable cause on the complaint.  The trial court denied Rivera's motion.

                        Rivera argues that the trial court lacked personal jurisdiction because it failed to endorse the complaint.  Rivera, however, entered his guilty plea without raising any objection regarding the complaint.  If there was any defect in the complaint, it was thereby waived.  See Galloway v. State, 32 Wis.2d 414, 418, 145 N.W.2d 761, 762–763 (1966) (a defect in the issuance of a complaint goes to jurisdiction over the person and an objection thereto is waived if not raised before pleading to the complaint).

                        Rivera also argues that he was improperly denied a probable cause hearing within forty-eight hours of his arrest.  See County of Riverside v. McLaughlin, 500 U.S. 44, 54-60 (1991).  In State v. Aniton, 183 Wis.2d 125, 515 N.W.2d 302 (Ct. App. 1994), this court determined that a defendant's guilty plea waived his right to challenge all nonjurisdictional defects, including Riverside violations.  Id., 183 Wis.2d at 128, 515 N.W.2d at 303.  Rivera, therefore, waived his right to challenge the alleged Riverside violation when he pled guilty.

                        By the Court.—Order affirmed.

                        This opinion will not be published.  See Rule 809.23(1)(b)5, Stats.