CURLEY, P.J.
¶ 1 Calvin L. Brown appeals the judgments convicting him of numerous robbery charges, including one count of robbery
¶ 2 In October 2009, Brown committed a string of robberies in the Milwaukee area. He robbed hotels, convenience stores, and drug stores, taking money from cash registers and occasionally injuring store clerks. The State charged Brown with seven offenses in two criminal complaints. Brown pled guilty to all seven charges, including the charge that is the subject of this appeal: robbery with threat of force, as party to a crime, contrary to WIS. STAT. §§ 943.32(1)(b) & 939.05 (2009-10).
¶ 3 The charge at issue in this case concerned a robbery that occurred at the La Quinta Inn at 5423 North Port Washington Road. As pertinent to this appeal, the criminal complaint, which Brown acknowledged constituted the factual basis for his guilty plea, stated the following:
¶ 4 Before accepting Brown's plea, the trial court inquired:
¶ 5 The trial court did not, however, explain that Brown was being charged for the La Quinta robbery as party to a crime.
¶ 6 Following his conviction and sentence, Brown filed a postconviction motion arguing that he should be allowed to withdraw his plea because party to a crime liability was not explained during the plea hearing. Brown argued that he had not been advised of the elements of party to a crime liability, that he did not understand what it meant to be party to a crime, and that he should therefore be allowed to withdraw his guilty plea.
¶ 7 The trial court denied Brown's postconviction motion, reasoning that, although party to a crime liability was not in fact explained, an explanation was not necessary because Brown directly committed the robbery:
(Emphasis in original.)
¶ 8 Brown now appeals.
¶ 9 On appeal, Brown argues that the trial court erred by denying his postconviction motion without an evidentiary hearing.
¶ 10 "A defendant is entitled to an evidentiary hearing on a motion to withdraw a guilty plea when (1) the defendant makes a prima facie showing that the [trial] court's plea colloquy did not conform with [WIS. STAT.] § 971.08 or other procedures mandated at a plea hearing; and (2) the defendant alleges he did not know or understand the information that should have been provided at the plea hearing." State v. Brown, 2006 WI 100, ¶ 2, 293 Wis.2d 594, 716 N.W.2d 906.
¶ 11 We determine whether Brown's postconviction motion alleges sufficient facts entitling him to an evidentiary hearing under a mixed standard of review. See State v. Allen, 2004 WI 106, ¶ 9, 274 Wis.2d 568, 682 N.W.2d 433. "First, we determine whether the motion on its face alleges sufficient material facts that, if true, would entitle the defendant to relief. This is a question of law that we review de novo." See id. If Brown's motion raises
¶ 12 Specifically, Brown asserts that, because the plea colloquy did not include an explanation of party to a crime liability, (1) an essential element of the charge to which he pled guilty was omitted, and (2) he did not understand the robbery with threat of force as party to a crime charge to which he pled guilty. See Brown, 293 Wis.2d 594, ¶ 36, 716 N.W.2d 906 (trial court's failure to fulfill a duty at the plea hearing necessitates evidentiary hearing if postconviction motion alleges defendant did not understand an aspect of the plea because of the omission). See also State v. Lackershire, 2007 WI 74, ¶ 25, 301 Wis.2d 418, 734 N.W.2d 23 ("Whether a plea colloquy conforms to the statutory requirements is a question of law that we review independently.").
¶ 13 We disagree. WISCONSIN STAT. § 939.05(2) lists three distinct ways in which an individual may be charged with a crime under party to a crime liability:
See id. Because Brown directly committed robbery with the threat of force, contrary to WIS. STAT. § 943.32(1)(b), he also could have been charged — as he was — with party to a crime liability. See § 939.05(2)(a). Although the trial court did not explain that, by directly committing the La Quinta robbery, Brown was "concerned" in its commission as defined by the party to a crime statute, it did explain the elements of the crime that Brown directly committed. We therefore agree with the trial court that because the elements of direct liability for the La Quinta robbery were in fact explained, and because Brown admitted the facts demonstrating his direct liability — including that he threatened the hotel clerk with a knife, demanded money, and took approximately $170 from the cash drawer — it was not necessary in this circumstance for the trial court to additionally explain the concept of party to a crime liability.
¶ 14 Moreover, we do not agree with Brown's contention that, under our decision, "[a]ny theory of liability with which a defendant is charged becomes irrelevant... so long as the defendant's admitted conduct would support a finding of guilt under a different theory." This is simply not true because, as the trial court correctly reasoned, our decision does not apply to all situations in which a defendant pleads guilty as party to a crime, but instead rests on the fact that Brown directly committed the crime to which he pled guilty:
See also Holland v. State, 91 Wis.2d 134, 141, 280 N.W.2d 288 (1979) ("The legislative judgment embodied in [§] 939.05 ... determining that those concerned in the commission of a crime are equally liable along with the one who directly committed it, does not mean that the factual basis for liability as a direct actor, an aider or abettor, or a conspirator is identical. The direct actor is the one whose conduct directly satisfies each element of the substantive offense.").
¶ 15 We therefore conclude that, because an explanation of party to a crime liability in this particular circumstance would have been superfluous, the trial court did not err by failing to explain party to a crime liability during Brown's plea hearing, and did not err in denying Brown's postconviction motion without an evidentiary hearing. See Allen, 274 Wis.2d 568, ¶ 9, 682 N.W.2d 433. Accordingly, we affirm.
Judgments and order affirmed.