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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. 2d ___, 678 N.W.2d 220. If we conclude that there was not a breach of the plea agreement, then defense counsel’s failure to object would not constitute deficient performance. Id. We therefore turn to the primary issue on appeal— whether the State breached the terms of its plea agreement with Sprang.

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