Criminal Procedure — breach of plea agreement

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — breach of plea agreement

Christopher A. Tueffel appeals from a judgment of conviction for operating a motor vehicle while intoxicated as a fifth or sixth offense in violation of Wis. Stat. § 346.63(1)(a) (2011-12) and an order denying his postconviction motion for resentencing. He argues that the prosecution substantially and materially breached the plea agreement when it made an erroneous statement to the court regarding the sentencing recommendation, even though the prosecutor immediately corrected the mistake and stated the correct recommendation. Tueffel further argues that the prosecutor’s failure to affirmatively advocate for the recommended sentence, her initial argument in support of the erroneous recommendation, and the language used by the prosecutor to explain the erroneous recommendation cast veiled doubts on the State’s commitment to the plea agreement. We hold that the breach was not substantial and material because it was a simple mistake that was immediately corrected. We affirm the judgment and order. This opinion will not be published.

2012AP1651-CR State v. Tueffel

Dist II, Winnebago County, Gritton, J., Per Curiam

Attorneys: For Appellant: Olsen, Jefren E., Madison; For Respondent: Gossett, Christian A., Oshkosh; Probst, Robert, Madison