On Point blog, page 2 of 2
Plea Agreements – Deferred Entry of Judgment, Contrasted with Deferred Prosecution Agreement (§ 971.39)
State v. Rex E. Wollenberg, 2004 WI App 20, PFR filed 1/8/04
For Wollenberg: Susan E. Alesia, SPD, Madison Appellate
Issue: Whether Wollenberg is entitled to withdraw his plea because the procedure for a deferred prosecution agreement (DPA), § 971.39, wasn’t followed.
Holding:
¶6. Wollenberg presents no evidence, other than his own arguments, that there was a DPA under Wis. Stat.
Plea Agreements — Deferred-acceptance Agreement — Enforceability
State v. Brady T. Terrill, 2001 WI App 70, 242 Wis. 2d 415, 625 N.W.2d 353
For Terrill: Eileen Hirsch, SPD, Madison Appellate.
Issue: Whether the trial court properly reconsidered a deferred-acceptance agreement (which would have allowed the defendant to avoid conviction upon successful completion of supervision), entering judgement of conviction after deeming the offense more serious than originally thought.
Holding:
¶24. If the State had asked the circuit court to enter judgment on the felony after viewing the videotape,