Criminal Procedure — plea withdrawal — ineffective assistance — breach of plea agreement

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — plea withdrawal — ineffective assistance — breach of plea agreement

Trenton E. White appeals the order denying his Wis. Stat. § 974.06 (2011-12) motion to withdraw his guilty plea or, in the alternative, to modify his sentence. White argues: (1) there was an insufficient factual basis to support his guilty plea; (2) the prosecutor breached the plea agreement; and (3) his trial counsel was ineffective for stipulating that the criminal complaint was sufficient to support White’s plea and for failing to object to the prosecutor’s breach of the plea agreement. We conclude White’s plea was supported by the facts and the prosecutor did not breach the plea agreement when she conveyed the wishes of the victim’s grandmother who did not want to address the circuit court personally at White’s sentencing hearing. As such, White’s trial counsel was not ineffective on these bases. Accordingly, we affirm. This opinion will not be published.

2013AP279 State v. White

Dist I, Milwaukee County, Wagner, J., Per Curiam

Attorneys: For Appellant: Jensen, Jeffrey W., Milwaukee; For Respondent: Gansner, William L., Madison; Loebel, Karen A., Milwaukee