Criminal Procedure — breach of plea agreement

By: WISCONSIN LAW JOURNAL STAFF//June 11, 2013//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — breach of plea agreement

James Pittmon appeals a judgment of conviction and an order denying his motion for resentencing. Pittmon argues the State breached the plea agreement, and seeks resentencing before a different judge. We agree that the State materially and substantially breached the agreement. Accordingly, we reverse and remand for resentencing before a different judge. This opinion will not be published.

2012AP2355-CR State v. Pittmon

Dist III, Outagamie County, Dyer, J., Per Curiam

Attorneys: For Appellant: O’Connell, Timothy T., Green Bay; For Respondent: Gansner, William L., Madison; Schneider, Carrie A., Appleton

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