On Point blog, page 37 of 44
Plea Bargains — Remedy for Multiplicitous Counts — Felony-Murder
State v. Theodore J. Krawczyk, 2003 WI App 6, PFR filed 1/21/03
For Krawczyk: John T. Wasielewski
Issue/Holding:
¶29. We conclude that Krawczyk’s plea to both felony murder and the underlying armed robbery, the latter conviction having been set aside, does not provide a basis for withdrawal of his plea to felony murder. First and foremost, the record is devoid of any evidence establishing that Krawczyk would not have pled guilty to felony murder (and to the other two offenses of which he remains convicted) had he known of the multiplicity of the felony murder and armed robbery charges.
Plea Agreements — Partial Withdrawal: Repudiation of Entire Bargain<
State v. Corey D. Williams, 2003 WI App 116
For Williams: Michael J. Edmonds
Issue/Holding:
¶21. As a final matter, we address the effect of Williams’s plea withdrawal on further proceedings in the circuit court. It is well-settled that “repudiation of a portion of the plea agreement constitutes a repudiation of the entire plea agreement.” State v. Lange, 2003 WI App 2,
Plea Agreements — Partial Withdrawal: Repudiation of Entire Bargain
State v. Richard A. Lange, 2003 WI App 2
For Lange: Daniel F. Snyder
Issue/Holding: Partial relief against a plea bargain-based guilty plea “constitutes a repudiation of the entire plea agreement,” ¶32, a principle which is now extended to instances where there are multiple judgments of conviction not all of which are under appeal, under the rationale of State v. Briggs, 218 Wis. 2d 61,
Plea Agreements — Judicial Participation — Conclusive Presumption of Involuntariness
State v. Corey D. Williams, 2003 WI App 116
For Williams: Michael J. Edmonds
Issue/Holding:
¶1.… We conclude that judicial participation in the bargaining process that precedes a defendant’s plea raises a conclusive presumption that the plea was involuntary. Therefore, we adopt a bright-line rule barring any form of judicial participation in plea negotiations before a plea agreement has been reached. Because it is undisputed that the trial judge participated in the negotiations that led up to Williams’s pleas,
Plea Bargains – Breach: By Prosecutor – Pressuring PSI Agent to Change Favorable Recommendation Where State Had Agreed to Make No Recommendation
State v. Joshua L. Howland, 2003 WI App 104
For Howland: Paul G. LaZotte, SPD, Madison Appellate
Issue/Holding:
¶37. We conclude that the district attorney’s contacts with the Department of Probation and Parole, complaining about the PSI author’s sentence recommendation, when the plea agreement required the State to make no sentence recommendation, resulted in a material and substantial breach of the plea agreement. Consequently,
Guilty Pleas – Required Knowledge — Elements — 2nd-Degree Sexual Assault (by Contact), § 948.02(2) — “Knowing Contact” Insufficient
State v. John A. Jipson, 2003 WI App 222
For Jipson: Martha K. Askins, SPD, Madison Appellate
Issue/Holding: On a charge of 2nd-degree sexual assault, § 948.02(2), the guilty plea court must ascertain the defendant’s knowledge of the element of intent, namely that the defendant had sexual contact for the purpose of sexual degradation, humiliation, arousal, or gratification. It is insufficient to advise the defendant merely that “knowing contact” was necessary,
Guilty Pleas – Required Knowledge — Elements — Referenced Document not Attached to Plea Questionnaire
State v. Richard A. Lange, 2003 WI App 2
For Lange: Daniel F. Snyder
Issue/Holding: Where the plea form made reference to an “attached sheet” which was not in fact attached, and the trial court did not go over the elements with the defendant, “the record is barren as to any explanation or detailing to Lange of the elements of the offense,” and Lange has established a prima facie case for plea-withdrawal.
Guilty Pleas – Required Knowledge — Rights
State v. Richard A. Lange, 2003 WI App 2
For Lange: Daniel F. Snyder
Issue/Holding: Trial court’s colloquy sufficiently established defendant’s understanding of rights waived by guilty plea. ¶¶23-27.
Guilty Pleas – Plea Bargains – Breach: By Prosecutor – Sentencing Recommendation by Police Officer Exceeding Bargained Length
State v. Leonard C. Matson, 2003 WI App 253
For Matson: Michael Yovovich, SPD, Madison Appellate
Issue/Holding:
¶13. Matson argues his due process rights were violated when Alstadt, the investigating detective in this case, gave a sentencing recommendation that undermined the State’s recommendation, in effect, breaching the plea agreement. The State counters that Alstadt was not a party to the plea agreement and thus his letter did not violate Matson’s due process rights.
Guilty Pleas – Plea Bargains – Breach: By Prosecutor — Remedy
State v. Leonard C. Matson, 2003 WI App 253
For Matson: Michael Yovovich, SPD, Madison Appellate
Issue/Holding:
¶33. Here, as he did before the circuit court, Matson seeks not to withdraw his plea, which is one remedy for a breach of a plea agreement. Santobello v. New York, 404 U.S. 257, 263 (1971). Matson instead seeks specific performance, a new sentencing by a different judge with a new presentence report.