State v. Smith

¶1. This is a review of a published decision of the court of appeals 1 affirming an order of the circuit court for Milwaukee County, Maxine A. White, judge, denying Smith's postconviction motion. Smith seeks resentencing on the grounds that his counsel provided ineffective assistance by failing to object at Smith's sentencing hearing when the prosecutor breached the plea agreement. We conclude that defense counsel's performance was deficient, and that Smith was prejudiced by the State's material and substantial breach of the plea agreement. We therefore reverse the decisions of the lower…