State v. Hayes

Robert K. Hayes appeals from a judgment and sentence for delivery of a controlled substance, sec. 161.41(l)(c)l., Stats., a felony. The trial court withheld sentence and put Hayes on probation for three years and imposed a fíne. The dispositive issue is whether the court erred when it concluded that it lacked the power to implement part of a plea agreement, and therefore deleted it from the sentence. The court deleted a provision that if Hayes successfully completed his probation, the case would be reopened and he would be convicted of a misdemeanor, possession of cocaine. 1 We conclude that…