On Point blog, page 1 of 1
Defense win: Circuit court erred in sua sponte vacating plea after state alleged breach of agreement
State v. Timothy Lester Troon, Jr., 2024AP110-CR, 2/19/26, District IV (not recommended for publication); case activity
Troon appeals his OWI 5th conviction and an order denying his postconviction motion, in which he argued that the circuit court erred in sua sponte vacating his first plea and judgment of conviction based on a disagreement between the parties about the joint sentencing recommendation that followed the court’s acceptance of his plea. COA agrees, vacating the conviction, reinstate Troon’s first plea and JOC, and remanding for resentencing.
Double Jeopardy – Sentence: Defendant’s Fraud — No Expectation of Finality
State v. Ary L. Jones, 2002 WI App 208
For Jones: Arthur B. Nathan
Issue/Holding:
¶14. The rule we adopt in Wisconsin, therefore, is that when a defendant makes a fraudulent representation to the sentencing court and the court accepts and relies upon that representation in determining the length of the sentence, the defendant has no reasonable expectation of finality in the sentence. The court may later declare the sentence void and double jeopardy will not bar subsequent resentencing to place the defendant in the position he or she would have been in if the fraud or corruption had been exposed at the time of the original sentence.