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Failure to Object to Plea Bargain Breach

State v. Michael A. Grindemann, 2002 WI App 106, PFR filed 5/23/02
For Grindemann: Leonard D. Kachinsky


¶27 … Here, Grindemann did object to the prosecutor’s mention of uncharged offenses at sentencing, but the objection was based on the lack of evidence ‘properly before the court,’ not on any claim that the State was violating either the terms or the ‘spirit’ of the plea agreement. Moreover, the court sustained the objection and admonished the prosecutor to ‘[b]e more cautious’ in his comments, suggesting that the court agreed with Grindemann¹s point that it should not consider any uncharged offenses for which no evidence was presented. Thus, even if prosecutorial silence regarding uncharged offenses was an implied provision of the parties’ plea agreement, Grindemann obtained ‘specific performance’ of that provision when the court sustained its objection.

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