974.06(3)
(3) Unless the motion and the files and records of the action conclusively show that the person is entitled to no relief, the court shall:
974.06(3)(a)
(a) Cause a copy of the notice to be served upon the district attorney who shall file a written response within the time prescribed by the court.
974.06(3)(b)
(b) If it appears that counsel is necessary and if the defendant claims or appears to be indigent, refer the person to the state public defender for an indigency determination and appointment of counsel under ch.
977.
974.06(3)(d)
(d) Determine the issues and make findings of fact and conclusions of law. If the court finds that the judgment was rendered without jurisdiction, or that the sentence imposed was not authorized by law or is otherwise open to collateral attack, or that there has been such a denial or infringement of the constitutional rights of the person as to render the judgment vulnerable to collateral attack, the court shall vacate and set the judgment aside and shall discharge the person or resentence him or her or grant a new trial or correct the sentence as may appear appropriate.
/statutes/statutes/974
false
statutes
/statutes/statutes/974/06/3
Chs. 967-980, Criminal Procedure
statutes/974.06(3)
statutes/974.06(3)
section