Legal Opinion

State v. Marinez

Court of Appeals of Wisconsin

Decided June 26, 2008No. 2007AP964-CRPublished

1Opinion of the CourtLundsten, J.

¶ 1. At issue here is whether a trial judge is prohibited from informing a defendant that the judge intends to exceed a sentencing recommendation in a plea agreement and offering the opportunity of plea withdrawal. In State v. Williams, 2000 WI 78, 236 Wis. 2d 293, 613 N.W.2d 132, the supreme court declined to adopt a new rule mandating that judges follow this practice. Here, the State argues that the reasoning employed in Williams dictates that a judge may not tell a defendant that the judge intends to exceed a sentencing recommendation. We disagree, and conclude that trial judges may employ…

2Cases cited6 opinions

  1. State v. HamptonWisconsin Supreme Court · 2004
  2. State v. ComstockWisconsin Supreme Court · 1992
  3. State v. WolfeWisconsin Supreme Court · 1970
  4. Salters v. StateWisconsin Supreme Court · 1971
  5. State v. RoubikCourt of Appeals of Wisconsin · 1987

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