State v. Bowers

¶ 1. Richard L. Bowers appeals from a judgment of conviction for operating while intoxicated (5th+) (OWI) contrary to Wis. Stat. § 346.63(1)(a) (2003-04)1 and an order denying his postconviction motion for resentencing. In the context of an ineffective assistance of counsel claim, he contends that the State breached the plea agreement at the sentencing hearing by both misstating the amount of time to be served on initial confinement and recommending that his sentence run consecutively. We conclude that because the misstatement was insubstantial, inadvertent and promptly recognized and…