On Point blog, page 1 of 1
Defense win: Defendant entitled to withdraw plea on count for which the circuit court failed to explain elements
State v. Damon D. Taylor, 2021AP272-CR, District 4, 12/30/22 (not recommended for publication); case activity (including briefs)
Taylor moved to withdraw his Alford pleas to three crimes. The court of appeals agrees his plea to one of the three crimes was not knowing and intelligent because the circuit court failed to ascertain that he understood the elements of the offense.
Defendant not entitled to plea deal where plea not yet accepted
State v. Derek Asunto, 2015AP50, 8/8/17, District 2 (recommended for publication); case activity (including briefs)
Derek Asunto and the state agreed to resolve several charges by dismissing some and having him plead to others. At the hearing where the deal was announced to the court, he entered a plea to one criminal count. The parties and court agreed the other counts would be held open until the sentencing hearing, but that at that hearing, Asunto would plead to an OWI-4th and the rest would be dismissed.
Probable cause finding establishes defendant’s breach of plea agreement; State chooses remedy of partial recission
State v. Carl A. Reed, 2013 WI App 132; case activity
Reed pled no contest to substantial battery in exchange for the State’s agreement to dismiss 3 other counts and to refrain from making a sentencing recommendation. The State also received the right to withdraw from the agreement if Reed “commits any new or additional crimes.” Reed was later charged with new crimes. So, the State presented a recommendation at sentencing.
Plea Agreements — Partial Withdrawal Doesn’t Necessarily Work Repudiation of Entire Bargain
State v. Jarmal Nelson, 2005 WI App 113
For Nelson: Wm. J. Tyroler, SPD, Milwaukee Appellate
Issue: Whether Nelson’s successful attempt to withdraw three of five bargain-based guilty pleas had the effect of abrogating the entire agreement so as to require withdrawal of the other two pleas.
Holding:
¶23 Finally, Nelson asserts that if he is successful in withdrawing some of his pleas,
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,