State v. Sprang

¶ 1. Brian W Sprang pled guilty to and was convicted of first-degree sexual assault of a child contrary to Wis. Stat. § 948.02(1) (2001-02). Sprang appeals from that conviction and from a postconviction order denying his motion for a new sentencing hearing on grounds that the State's remarks at sentencing violated the terms of his plea agreement.

¶ 2. We conclude that the prosecutor's remarks constituted a material and substantial breach of the parties' plea agreement. Although Sprang's counsel chose not to object to the prosecutor's remarks for reasonable strategic reasons, we nevertheless…