By: WISCONSIN LAW JOURNAL STAFF//September 28, 2010//
Sentencing
Plea agreement breach
Christopher Jones appeals the amended judgment convicting him of arson to a building, contrary to Wis. Stat. § 943.02(1)(a) (2007-08). He argues that his attorney was ineffective because the State “materially and substantially breached the plea agreement” and his attorney failed to object. He argues that this entitles him to a Machner hearing. Jones contends that if at the Machner hearing his attorney is unable to prove that his failure to object was a strategic decision or that he failed to object after consulting with Jones, then he is entitled to a resentencing. Because the State did not breach the plea agreement, we affirm. Not recommended for publication in the official reports.
2009AP2761-CR State v. Jones
Dist I, Milwaukee County, Fiorenza, J., Curley, J.
Attorneys: For Appellant: Perri, Jeremy C., Milwaukee; For Respondent: Loebel, Karen A., Milwaukee; Weber, Gregory M., Madison