Pleas & Sentencing – Breach of Plea Agreement

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Criminal

WI Court of Appeals – District III

Officials: Hruz, JJ., Hoover, P.J., Stark

Pleas & Sentencing – Breach of Plea Agreement

2014AP1254-CR State of Wisconsin v. Warren E. Schabow

Warren Schabow appeals a judgment of conviction, entered upon no-contest pleas to one count of armed burglary and two counts of theft, and an order denying his postconviction motion for resentencing or sentencing modification. Schabow contends the State breached this plea agreement generally by highlighting negative facts about Schabow after the victim requested a five-to-ten year “prison sentence,” and specifically by stating the recommended two years’ initial confinement was the “very minimum” period of initial confinement “that should be considered.” We conclude that, evaluating the prosecutor’s remarks in their totality, including the prosecutor’s repeated affirmation of the State’s sentencing recommendation, there was not a material and substantial breach of the plea agreement. Accordingly, we affirm.

Holding

Affirmed

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Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.