Criminal Procedure — breach of plea agreement

By: WISCONSIN LAW JOURNAL STAFF//July 30, 2013//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — breach of plea agreement

Murry Locke appeals a judgment of conviction for two counts of possession of child pornography. Locke 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 This opinion will not be published.

2012AP2029-CR State v. Locke

Dist III, Oconto County, Judge, J., Per Curiam

Attorneys: For Appellant: Buting, Jerome F., Brookfield; For Respondent: Burke, Edward D., Jr., Oconto; Tarver, Sandra L., Madison

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