Criminal Procedure — breach of plea agreement — ineffective assistance

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — breach of plea agreement — ineffective assistance

Kyle Perz appeals judgments convicting him of four counts of sexual assault of a child, repeated sexual assault of a child, two counts of possession of THC and bail jumping. He also appeals an order denying his postconviction motion in which he alleged the State violated the terms of the plea agreement by “subtly suggesting that the facts justified a longer sentence.” Because Perz’s trial counsel did not object to the assistant district attorney’s statements, the alleged breach of the plea agreement must be reviewed under ineffective assistance of trial counsel rubric. To establish ineffective assistance of counsel, Perz must show deficient performance and prejudice to his defense. We conclude that counsel’s performance was not deficient for failing to object to the prosecutor’s remarks because the remarks did not violate the plea agreement. This opinion will not be published.

2013AP1930-CR, 2013AP1931-CR, 2013AP1932-CR, 2013AP1933-CR State v. Perz

Dist III, Brown County, Hammer, J., Per Curiam

Attorneys: For Appellant: Kachinsky, Leonard D., Appleton; For Respondent: Wellman, Sally L., Madison; Lasee, David L., Green Bay