State v. Poole
Court of Appeals of Wisconsin
1Opinion of the CourtDykman, J.
Defendant appeals from an order denying his motion for postconviction relief. The issues are: (1) whether the prosecutor failed to carry out the terms of a plea agreement; and (2) whether Poole was entitled to withdraw his plea when the court determined it would not sentence him in accordance with the plea agreement. We conclude that the state may not undercut a sentencing recommendation bargained for under a plea agreement, and therefore reverse and remand for resentencing.
FACTS
Defendant pleaded guilty to a burglary charge pursuant to a plea agreement in which the state would recommend a…
Also in this document: Concurrence.
2Cases cited13 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- Ball v. District No. 4, Area BoardWisconsin Supreme Court · 1984
- United States v. BenchimolSupreme Court of the United States · 1985
- United States v. Thomas J. BowlerCourt of Appeals for the Seventh Circuit · 1978
- United States v. Robert Nathaniel BrownCourt of Appeals for the Fourth Circuit · 1974
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State v. SmithWisconsin Supreme Court · 1997
- State v. WilliamsWisconsin Supreme Court · 2002
- State v. MoederndorferCourt of Appeals of Wisconsin · 1987
- State v. ZanelliCourt of Appeals of Wisconsin · 1997
- State v. NaydihorWisconsin Supreme Court · 2004
23 more not listed; retrieve them via the Exa API.