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00-2435 State v. Robinson

By: dmc-admin//February 4, 2002//

00-2435 State v. Robinson

By: dmc-admin//February 4, 2002//

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Although, since the appropriate remedy depends on the totality of the circumstances, a court must examine all of the circumstances to determine an appropriate remedy for that case, considering both the defendant’s and the State’s interests.

“In the present case, examining all the circumstances, the available remedies, and the State’s and defendant’s interests, we conclude that the parties should be restored to the same positions they respectively held before the defective plea agreement was entered. No claim is made by the parties and nothing appears in the record that this remedy adversely affects the State’s ability to prosecute or the defendant’s ability to defend against the counts set forth in the original information. Furthermore, the defendant has not made a persuasive argument that this remedy is fundamentally unfair because it exposes him to the risk of a greater sentence….

“In summary, we conclude that when the defendant repudiated the negotiated plea agreement on the ground that it contained multiplicitous counts, the defendant materially and substantially breached the plea agreement. We further conclude that when an accused successfully challenges a plea to and a conviction on one count of a two-count information on grounds of double jeopardy and the information has been amended pursuant to a negotiated plea agreement by which the State made charging concessions, ordinarily the remedy is to reverse the convictions and sentences, to vacate the plea agreement, and to reinstate the original information so that the parties are restored to their positions prior to the negotiated plea agreement.”

Reversed and remanded.

On Certification from the Court of Appeals, Abrahamson, Ch. J.

Attorneys:

For Appellant: Leonard D. Kachinsky, Neenah

For Respondent: Michael R. Klos, James E. Doyle, Madison

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