On Point blog, page 5 of 6
Plea Bargains — Breach: Proecdural Issues — Waiver of Objection — Renegotiated Plea
State v. David W. Oakley, 2001 WI 103, 629 N.W.2d 308, reconsideration denied, 2001 WI 123, affirming unpublished decision of court of appeals
For Oakley: Timothy T. Kay
Issue: Whether a claim of plea bargain error was waived by a subsequent renegotiation of the plea bargain and entry of no contest plea on that new agreement.
Holding:
¶23 As this court has previously stated,
Plea Bargains — Breach: By Prosecutor — Recommendation of Consecutive Terms Where Agreements Required Recommendation of Concurrent Terms
State v. Michael F. Howard, 2001 WI App 137, 630 N.W.2d 244
Issue: Whether the prosecutor breached a plea bargain calling for a maximum recommendation on multiple counts of concurrent terms of 25 years in prison, when the actual recommendation was for a total of 25 years but included consecutive terms.
Holding:
¶18 Undoubtedly, one of the most crucial issues in a plea agreement is the recommendation concerning length of time to be served on each count.
Plea Bargains — Breach: By Prosecutor — “End-run” of Allocution Restrictions
State v. Dalvell Richardson, 2001 WI App 152
For Richardson: Richard D. Martin, SPD, Milwaukee Appellate
Issue: Whether the prosecutor breached a plea agreement “to leave the length of the incarceration entirely up to the Court, [without] any specific numerical type of recommendation” with allocution that clearly implied a request for a lengthy term.
Holding: The prosecutor’s comments (to the effect that this was one of the most serious cases the prosecutor had handled) didn’t breach an agreement to recommend incarceration without specifying length:
¶11.
Plea Bargains — Breach: Procedural Issues — Remedy
State v. Michael F. Howard, 2001 WI App 137, 630 N.W.2d 244
Issue: Whether the remedy for a plea bargain breach should be to vacate the plea or to resentence on the plea.
Holding:
¶36 Our reading of Bangert and Smith leads us to conclude that the remedies and procedures outlined in Santobello are consistent with Wisconsin law. Specifically, the sentencing court has discretion to determine the appropriate remedy for a breach.
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.
Plea Bargains — Breach: Procedural Issues — Preservation by Objection
State v. John D. Williams, 2001 WI App 7, 241 Wis. 2d 1, 624 N.W.2d 164, affirmed without discussing this issue, 2002 WI 1
For Williams: John A. Pray
Issue: Whether the defendant properly preserved objection to a prosecutorial breach of plea bargain.
Holding: ¶13:
(T)he trial court recognized it as an objection and initially agreed with Williams’s attorney. The objection was sufficient.
Plea Bargains — Breach: Materiality — Promise Must Induce Plea
State v. Anthony A. Parker, 2001 WI App 111
Issue: Whether transfer to an out-of-state prison breached the plea bargain.
Holding:
¶7 … (I)n order to prevail on a claim of breach of a plea agreement, Parker cannot rely on whatever his ‘reasonable expectations’ might have been at sentencing. Instead, he must show the violation of a specific prosecutorial promise that induced his plea. See State v.
Plea Bargains — Breach: Limiting Defense Presentation at Sentencing
State v. Shomari L. Robinson, 2001 WI App 127, PFR filed 5/7/01
For Robinson: Joseph L. Sommers
Issue: Whether the plea bargain was breached when the defendant wasn’t allowed to present certain evidence at sentencing.
Holding:
¶16 … (T)he trial court did not clearly err in finding that the plea agreement called for argument by the parties, and at most, a very limited presentation of evidence at sentencing regarding the nature of the sexual assault.
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 — Less Than Neutral Recitation of 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 undermined a 10-year sentencing cap by emphasizing that “this is an extremely violent case,” along with other aggravating factors.
Holding: By stressing to the trial court that she was standing by the plea agreement, “the prosecutor strongly affirmed the plea agreement and did not make any statements that expressly,