00-0535 State v. Williams

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“The prosecutor’s affirmation of the plea agreement was not adequate to overcome the prosecutor’s covert message to the circuit court that a more severe sentence was warranted than that which had been recommended. …

“This case presents a close question. The overall impression from reading the entire record of the sentencing hearing is, however, that the State’s comments affirming the plea agreement were too little, too late. …

“In summary, we conclude that the prosecutor’s comments at the sentencing hearing undercut the defendant’s plea agreement, resulting in a material and substantial breach of the defendant’s plea agreement. Consequently, we affirm the decision of the Court of Appeals reversing the judgment of the circuit court denying the defendant’s motion for recommencing, and we remand the cause to the circuit court for recommencing.”

The decision of the court of appeals is therefore affirmed.

CONCURRING IN PART AND DISSENTING IN PART: Wilcox, J., with whom Crooks and Sykes, JJ., join. “I agree with the court’s holdings in sections I and II. However, I disagree with the majority’s conclusion that the State materially and substantially breached the plea agreement in this case.

The majority’s decision on that issue gives insufficient consideration to the long-standing policy of making all relevant information available to a sentencing judge, and it will substantially hamper the State’s ability to negotiate plea agreements in the future.”

Court of Appeals; Abrahamson, Ch. J.

Attorneys:

For Appellant: John A. Pray, Madison

For Respondent: Sandra L. Nowack, James E. Doyle, Madison