for publication in the official reports.
APPEALS from judgments and an order of the circuit court for
Milwaukee County: Nos. 2014CF3197 2014CF5128, DENNIS R.
Kessler, P.J., Brennan and Brash, JJ.
Theoris Raphel Stewart appeals two judgments of conviction
and an order denying his motion for postconviction relief. He
seeks to withdraw his guilty plea to two counts of identity
theft on the grounds of manifest injustice because he argues
that no factual basis exists for his plea.
Stewart had, in a previous case not otherwise relevant to
this appeal, pled guilty to two felony counts of failure to
pay court-ordered child support and presented forged
documents in an attempt to influence his sentence.
The forgeries were discovered after Stewart was sentenced in
the child support case, and the State then filed new charges,
including the two identity theft charges relevant to this
appeal. Stewart did not dispute that he had forged the
documents-which appeared to be official documents from two
universities and from the United States Department of
Veterans Affairs (VA). Nor did he dispute that he had lied to
the writer of the presentence investigation report (PSI)
about his education and the nature of his military discharge
for the purpose of "try[ing] to find a shortcut" to
a better outcome in the previous case.
Rather, Stewart argues that his admitted unauthorized use of
the forged documents did not constitute a violation of the
identity theft statute under which he was charged.
See W . S . § 943.203(2) (2015-16). He argues
that IS TAT  not all of the required elements of the
crime are satisfied for the following reasons: (1) he did not
represent that he was "acting with the authorization or
consent of the entity, " and (2) the use of the
identifying information of the two entities was not for the
purpose of "obtain[ing] … anything … of
value or benefit." See § 943.203(2)(a).
Specifically, he argues that there is no evidence that he
expressly represented that he had the entities'
"authorization or consent, " and that "even
assuming [the sentencing court] gave some consideration to
the misrepresentations at issue, the sentencing court's
determination is not 'anything of value or benefit'
as intended by the legislature." We reject Stewart's
arguments and affirm.
The identity theft charges at issue in this appeal were among
twenty charges filed in Milwaukee County Circuit Court Case
Nos. 2014CF3197 and 2014CF5128; all the charges related to
the State's ongoing child support enforcement efforts for
two of Stewart's children.
conviction and sentencing in Case No. 2011CF2608.
In Milwaukee County Circuit Court Case No. 2011CF2608,
Stewart was convicted on a negotiated guilty plea of two
felony counts of failure to support a child. At the plea
hearing, Stewart told the trial court that he had two
bachelor's degrees. Before the case proceeded to
sentencing, the trial court ordered a PSI. When Stewart met
with the PSI writer, he told her that he had two
bachelor's degrees and he provided what appeared to be
diplomas from the University of Arizona and Jones
International University, along with an email that appeared
to be from Jones International University referencing
Stewart's degree. Stewart also told the agent that
following a bad conduct discharge from the United States Air
Force he had successfully appealed and received a general
discharge; in support of this claim he provided a letter that
was purported to be from the VA stating that Stewart's
bad conduct discharge was upgraded to a general discharge
effective January 1, 2008.
The documents and representations were made part of the PSI
and presented to the sentencing court. Stewart received a
sentence of eighteen months' probation, and no
conditional jail time was imposed.
investigation into the forged documents.
A later investigation by the district attorney's office
revealed that the two diplomas, the email related to
Stewart's academic record, and the VA letter were forged.
Stewart never received degrees from the universities, and his
attempt to appeal and upgrade his bad conduct military
discharge was unsuccessful.
2014 identity theft charges relevant to this appeal.
Based on the investigation, in July 2014 the State filed a
complaint that included the two counts relevant to this
appeal. In November 2014 the State also filed a
complaint with multiple felony counts for failure to pay
court-ordered child support. The two 2014 cases were
consolidated and proceeded to a plea hearing together.
Pursuant to a plea agreement settling the two cases, Stewart
pleaded guilty to eleven counts: the two counts of identity
theft that are the focus of this appeal, eight felony counts
of failure to support a child, and one misdemeanor count ...