Ineffective Assistance of Counsel

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Donna R. Daniels

Case No.: 2017AP2514-CR

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

Focus: Ineffective Assistance of Counsel

Donna Daniels appeals a judgment of conviction, entered following her no-contest plea, for theft by an employee in a business setting. She also appeals the denial of her postconviction motion for resentencing. Daniels argues the State materially and substantially breached the terms of the parties’ plea agreement by recommending a withheld sentence and an imposed and stayed year in jail as a condition of probation to be used at the agent’s discretion, when the signed plea questionnaire said that the State would recommend an imposed and stayed jail sentence and “no conditional jail.” Daniels further contends her defense counsel provided constitutionally ineffective assistance by not objecting to the breach. We agree with Daniels in both respects. Accordingly, we reverse the circuit court and remand for resentencing by a different judge.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.