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6. “Partial” withdrawal

State v. Derek Asunto, 2015AP50, 8/8/17, District 2 (recommended for publication); case activity (including briefs) Derek Asunto and the state agreed to resolve several charges by dismissing some and having him plead to others. At the hearing where the deal was announced to the court, he entered a plea to one criminal count. The parties… Read More

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State v. Carl A. Reed, 2013 WI App 132; case activity Reed pled no contest to substantial battery in exchange for the State’s agreement to dismiss 3 other counts and to refrain from making a sentencing recommendation.  The State also received the right to withdraw from the agreement if  Reed “commits any new or additional… Read More

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State v. Mark J. Roou, 2007 WI App 193 For Roou: John P. Tedesco, SPD, Madison Appellate Issue1: Whether the defendant was entitled to plea-withdrawal on both plea-based counts or only the one count as to which the plea was defective (given that the State promised not to re-prosecute the latter count). Holding1: ¶16 Roou… Read More

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State v. Jarmal Nelson, 2005 WI App 113 For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate Issue: Whether Nelson’s successful attempt to withdraw three of five bargain-based guilty pleas had the effect of abrogating the entire agreement so as to require withdrawal of the other two pleas. Holding: ¶23      Finally, Nelson asserts that if he… Read More

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State v. Corey D. Williams, 2003 WI App 116 For Williams: Michael J. Edmonds Issue/Holding: ¶21. As a final matter, we address the effect of Williams’s plea withdrawal on further proceedings in the circuit court. It is well-settled that “repudiation of a portion of the plea agreement constitutes a repudiation of the entire plea agreement.”… Read More

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State v. Richard A. Lange, 2003 WI App 2 For Lange: Daniel F. Snyder Issue/Holding: Partial relief against a plea bargain-based guilty plea “constitutes a repudiation of the entire plea agreement,” ¶32, a principle which is now extended to instances where there are multiple judgments of conviction not all of which are under appeal, under… Read More

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