Criminal Procedure — breach of plea agreement

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — breach of plea agreement

It does not violate a plea agreement when police officers request a higher sentence while speaking as victims, rather than as agents of the state.

“Here, however, the police officers were not speaking to the court as investigating officers, but as victims of a crime, which they have a right to do.  In Wisconsin, every crime victim has the right ‘to make a statement to the court at disposition.’  WIS. CONST. art. I, § 9m; see also WIS. STAT. § 972.14(3)(a) (‘If a victim wants to make a statement, the court shall allow the victim to make a statement in court or to submit a written statement to be read in court.’); WIS. STAT. § 950.04(1v)(m) (‘Victims of crimes have the following rights: … To provide statements concerning sentencing, disposition, or parole[.]’).  So important is that right that the legislature has permitted a $1000 forfeiture to be imposed on prosecutors who refuse to allow victims to present statements if they so desire.  See WIS. STAT. § 950.11.  A victim’s right to provide a statement at sentencing expressing his or her view as to disposition is to be ‘honored and protected … in a manner no less vigorous than the protections afforded criminal defendants.’  WIS. STAT. § 950.01.  Neither § 950.01 nor the Wisconsin Constitution except police officer crime victims from the right to provide an impact statement at sentencing.  Because the officers here were speaking in their capacity as victims, and not as agents of the State, the State did not breach the plea agreement, and Stewart’s constitutional right to the enforcement of the agreement was not violated.  Therefore, we affirm the circuit court.”

Affirmed.

Recommended for publication in the official reports.

2012AP1457 State v. Stewart

Dist. I, Milwaukee County, McMahon, Kahn, JJ., Brennan, J.

Attorneys: For Appellant: Odrzywolski, Donna, Wauwatosa; For Respondent: Loebel, Karen A., Milwaukee; O’Brien, Daniel J., Madison