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Back to square one after illegal plea
By: WISCONSIN LAW JOURNAL STAFF//September 29, 2010//
Listen to this articleThe remedy for an illegal plea agreement is to vacate the plea and sentence, and reinstate the original charges.
In an unpublished opinion written by Wisconsin Court of Appeals Judge Richard Brown, the court rejected the defendant’s argument that, because he had already begun to serve probation, the remedy would violate the Double Jeopardy Clause.
“The global plea, consisting of the total give-and-take of the parties, cannot be parsed out into sections so that Stoner can take but not have to give,” Brown explained. “If part of the give-and-take goes down in flames, the whole global agreement goes down with it.”
Case: State v. Stoner, No. 2009AP2633-CR
For a full analysis of the opinion, see the Oct. 4 issue of Wisconsin Law Journal.
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