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i. Plea bargain breach

State v. Nelson Luis Fortes, 2015 WI App 25; case activity (including briefs) A “misunderstanding” about what sentence the state could recommend under the plea agreement did not entitle Fortes to plea withdrawal or resentencing because after the misunderstanding became evident at the sentencing hearing, Fortes elected to proceed rather than seek an adjournment with a possible eye toward… Read More

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State v. Laurence W. Tucker, 2012 WI App 67 (recommended for publication); for Tucker: Robert T. Ruth; case activity Tucker pleaded guilty pursuant to plea bargain, which terms included continuation of his release on bond and compliance with same. After Tucker failed to appear at sentencing, necessitating his arrest on a bench warrant and issuance… Read More

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State v. Christina L. Contizano, 2011AP477-CR, District 4, 10/27/11 court of appeals decision (1-judge, not for publication); for Contizano: Robert C. Howard III; case activity At Contizano’s sentencing for obstructing, based on lying to the police about her daughter’s location, the trial court didn’t erroneously exercise discretion in allowing Contizano’s ex-husband to advocate as a “victim” of… Read More

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State v. Mark Allan Campbell, 2011 WI App 18; for Campbell: Steven D. Phillips, SPD, Madison Appellate; Campbell BiC; State Resp.; Reply (Sentencing issue in the case discussed separately, here.) Plea Bargain – Breach The plea agreement required the prosecutor to recommend a 20-year sentence, comprised of 5-7 years’ confinement and the balance on extended supervision… Read More

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Plea Bargain – Prosecutorial Compliance

State v. Christopher Jones, 2009AP2761-CR, District 1, 9/28/10 court of appeals decision (3-judge, not recommended for publication); for Jones: Jeremy C. Perri, SPD, Milwaukee Appellate; BiC; Resp.; Reply The court rejects a claim of an “end-run” around the plea bargain, which limited the State’s recommendation to 10 years imprisonment while leaving the “configuration” of confinement… Read More

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State v. Robert L. Duckett, 2010 WI App 44

court of appeals decision; for Duckett: Michael K. Gould, SPD, Milwaukee Appellate; BiC; Resp. Br.; Reply Br. Guilty Pleas – Breach – Lack of Contemporaneous Objection Failure to object contemporaneously forfeits right of review of subsequently-asserted plea bargain breach. The issue therefore is reviewable only “in the context of a claim for ineffective assistance of… Read More

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Failure to Object to Plea Bargain Breach

State v. Brian W. Sprang:, 2004 WI App 121 For Sprang: Jefren E. Olsen, SPD, Madison Appellate Issue/Holding: ¶13 Before addressing Sprang’s claim of ineffective assistance of counsel, we must first address whether there was, in fact, a material and substantial breach of the plea agreement. State v. Naydihor, 2004 WI 43, ¶9, ___ Wis… Read More

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State v. Leonard C. Matson, 2003 WI App 253 For Matson: Michael Yovovich, SPD, Madison Appellate Issue/Holding: Where counsel had raised a pre-sentencing objection on ground of plea bargain breach to the use of a detective’s letter to the court asking for a sentence exceeding the bargained length, failure to raise further objection at sentencing… Read More

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