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Plea Bargains — Breach: Waiver

State v. Michael F. Howard, 2001 WI App 137

Issue/Holding: Failure to object to plea bargain breach waives the issue, leaving ineffective assistance of counsel the only mechanism for raising it. ¶21.

Also see, State v. Harold Merryfield, 229 Wis.2d 52, 598 N.W.2d 251 (Ct. App. 1999) (asserted plea bargain violation held waived, under State v. Smith, 153 Wis. 2d 739, 451 N.W.2d 794 (Ct. App. 1989); Merryfield knew about – and raised – the potential plea bargain violation but abandoned it when he entered the later pleas).

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