State ex rel. Delf v. Missey

I respectfully dissent. Even if the majority opinion is correct that the circuit court had the authority to place additional special conditions on Christine Delfs probation without such action constituting a rejection of the plea agreement, the fact remains she pleaded guilty due to the mistaken belief that her plea agreement could not be altered and that, if it was, she would be permitted to withdraw her guilty plea.

“If a defendant is misled or induced to enter a plea of guilty by fraud, mistake, misapprehension, coercion, duress or fear, then the defendant should be permitted to withdraw…