2010AP839-CR State v. Colon

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Criminal Procedure
Ineffective assistance

Christian R. Colon appeals a decision and order of the circuit court denying his motion for postconviction relief. Colon argues that: (1) the State breached a plea agreement by unilaterally withdrawing it when Colon refused to testify against a co-defendant because the State played a direct role in Colon’s decision not to testify and thereby violated his right to due process; (2) he was entitled to a hearing on the issue; (3) his trial counsel was ineffective for not objecting to the State’s withdrawal and sentence recommendation and for not advising Colon that he could seek to withdraw his plea; and (4) he was entitled to a Machner hearing on his ineffective assistance of counsel claim. We affirm. Not recommended for publication in the official reports.

2010AP839-CR State v. Colon

Dist I, Milwaukee County, McMahon, J., Kessler, J.

Attorneys: For Appellant: Bizzaro, Amelia L., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Moeller, Marguerite M., Madison

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