On Point blog, page 2 of 2
Plea Bargains – Breach: By Prosecutor — Failure to Comply with Express Terms of Sentencing Recommendation
State v. Robert D. Hanson, 2000 WI App 10, 232 Wis.2d 291, 606 N.W.2d 278
For Hanson: Suzanne L. Hagopian, SPD, Madison Appellate.
Issue: Whether the prosecutor breached the plea bargain by failing to expressly recommend the agreed 10 year sentencing cap, on a 15-year exposure.
Holding: Even though the prosecutor did not expressly recite the 10-year cap, the parties had “referred generally to the sentencing recommendation provision of the plea agreement a number of times,”
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.”