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State v. Charles Lamar, 2009 WI App 133, review granted
Consecutive sentences following partial plea withdrawal and reconviction
Click here for court of appeals decision, petition for review granted 10/27/10
Defense counsel: Donna L. Hintze, SPD, Madison Appellate
Issue/Holding: After sentencing on 3 separate counts, the trial court granted Lamar’s motion to withdraw his guilty pleas to 2 of the counts. He continued to serve the sentence on the unchallenged count. Upon subsequent reconviction on the 2 counts,
Double Jeopardy – Resentencing – No Presumption of Vindictiveness
State v. Charles Lamar, 2009 WI App 133, PFR filed 9/10/09
For Lamar: Donna L. Hintze, SPD, Madison Appellate
Issue/Holding: No presumption of vindictiveness applied to resentencing by a different judge upon guilty pleas re-entered after the original trial court granted Lamar’s postconviction motion to withdraw the initial guilty pleas.
¶17 In Naydihor, our supreme court found that the Pearce presumption did not apply.