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Criminal Procedure — breach of plea agreement — ineffective assistance
By: WISCONSIN LAW JOURNAL STAFF//June 18, 2013//
Criminal Procedure — breach of plea agreement — ineffective assistance
By: WISCONSIN LAW JOURNAL STAFF//June 18, 2013//
Listen to this articleWisconsin Court of Appeals
Criminal
Criminal Procedure — breach of plea agreement — ineffective assistance
William Bokenyi appeals a judgment of conviction and an order denying his motion for resentencing. Bokenyi argues the State breached the plea agreement during his sentencing hearing by arguing for a harsher sentence than it agreed to recommend. He also contends his trial attorney was ineffective by failing to object to the State’s sentencing remarks. We conclude the State’s sentencing remarks materially and substantially breached the plea agreement, and Bokenyi’s attorney was ineffective by failing to object. We therefore reverse and remand for resentencing before a different judge. This opinion will not be published.
2012AP2557-CR State v. Bokenyi
Dist III, Polk County, Galewyrick, J., Per Curiam
Attorneys: For Appellant: Hagopian, Suzanne L., Madison; For Respondent: Kassel, Jeffrey J., Madison; Steffen, Daniel P., Balsam Lake
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