Plea Agreement Breach- Postconviction Motion for Resentencing

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Jonathan P. Medeiros

Case No.: 2022AP001768-CR

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

Focus: Plea Agreement Breach- Postconviction Motion for Resentencing

Medeiros called 911 to report that he had shot and killed his wife, Jolene. 1 Responding medical personnel discovered Jolene deceased with a shotgun wound to the head.

Medeiros appeals from a judgment convicting him of first-degree reckless homicide and from an order denying his postconviction motion for resentencing. He claims that his trial counsel provided constitutionally ineffective assistance by failing to object to comments made by the prosecutor at sentencing—which Medeiros contends undermined the sentence recommendation bargained for in the plea agreement. The appeals court concludes that the prosecutor’s comments did not breach the plea agreement and, therefore, his trial counsel did not provide ineffective assistance.

Affirmed.

Decided 12/12/23

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