Criminal Procedure — breach of plea agreement

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — breach of plea agreement — remedy

Where the defendant commits new crimes after pleading guilty, the defendant breaches the plea agreement and the state is not bound by its recommendation.  “In this case, we uphold the circuit court’s choice of remedy when a defendant breaches his or her plea agreement by committing new crimes.  Carl A. Reed pled no contest to substantial battery in exchange for the dismissal of three other counts and the State’s promise to make no recommendation at sentencing.  Under the agreement, the State reserved the right to withdraw from the agreement if Reed ‘commits any new or additional crime(s).’ Pending sentencing, Reed was charged with new crimes.  The circuit court found that these newly charged crimes constituted a breach of the plea agreement.  The circuit court went ahead with sentencing, allowing the State to change its recommendation and denying Reed’s request to withdraw his plea.  We agree with the circuit court that Reed breached the plea agreement.  Furthermore, we conclude that the circuit court’s choice of remedy, to hold Reed to his plea and allow the State to recommend time at sentencing, was an appropriate exercise of discretion.”

Affirmed.

Recommended for publication in the official reports.

2012AP2191-CR State v. Reed

Dist. II, Kenosha County, Milisaukskas, J., Neubauer, J.

Attorneys: For Appellant: Tauscheck, George, Milwaukee; For Respondent: Zapf, Robert D., Kenosha; Weinstein, Warren D., Madison