Pleas & Sentencing – Plea Withdrawal

By: Derek Hawkins//November 18, 2015//

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Criminal

WI Court of Appeals – District III

Officials: Stark, P.J., Hruz and Seidl, JJ.

Pleas & Sentencing – Plea Withdrawal

2014AP2717-CR State of Wisconsin v. Kyle W. Buckles

Kyle Buckles appeals a judgment of conviction entered pursuant to a plea agreement and an order denying his motion for postconviction relief in these consolidated cases. Buckles argues he is entitled to plea withdrawal because a particular provision in the plea agreement—that several offenses would be dismissed and read in “for restitution only and not for sentencing”—was illusory, and because he received ineffective assistance of counsel by virtue of his attorney’s negotiation of an ambiguous plea agreement. In the alternative, he contends the State breached the plea agreement by its comments at sentencing. We reject Buckles’ arguments and affirm.

Affirmed. Per Curiam.

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Attorney Derek A. Hawkins is the managing partner 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.

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