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Plea Bargains — Breach: By Prosecutor — Revocation of Probation for Failure to Admit Offense After Alford Plea

State ex rel. Phillip I. Warren v. Schwarz, 219 Wis.2d 615, 579 N.W.2d 698 (1998), affirming State ex rel. Warren v. Schwarz, 211 Wis. 2d 708, 566 N.W.2d 173 (Ct. App. 1997)
State v. Phillip I. Warren, 219 Wis.2d 615, 579 N.W.2d 698 (1998), on certification
For Warren: Ralph A. Kalal.

Issue: Whether “the State breached the Alford plea agreement and thereby violated his right to due process when it revoked his probation solely on his continued assertion of innocence.” ¶49.

Holding:

¶55 Because the State never promised or assured Warren that he would be able to maintain his innocence for purposes other than the plea itself, we conclude that the State did not breach its Alford plea agreement with Warren when it revoked his probation in this case.

 

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