State v. Johnson, 2012 WI App 21

Johnson charged with two counts of second-degree sexual assault of a child; pled guilty to the first count under a plea agreement to dismiss and read in the second count.
Plea hearing included extensive inquiry under Wis. Stat. § 971.08 and Bangert-type requirements, but the court did not inform that it was not bound by the plea agreement as Hampton requires.
Plea accepted; Johnson sentenced to 35 years (20 initial confinement, 15 ES) consecutive to other time.
Post-sentencing, Johnson moved for postconviction relief; appellate counsel pursued a no-merit appeal which was dismissed or withdrawn; Johnson then moved to withdraw his guilty plea.
Circuit court denied the motion; Johnson appeals, challenging the failure to inform the court was not bound by the plea agreement.
The court affirms, holding the error harmless and not a manifest injustice because the plea benefited Johnson and the outcome was consistent with the plea terms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Bangert/Hampton failure to inform the court was not bound by the plea agreement violated Johnson's rights	Johnson	State	Harmless error; no manifest injustice

State v. Cross, 326 Wis. 2d 492 (Wis. 2010) (Bangert/Hampton duties; no manifest injustice for insubstantial defect)
State v. Brown, 293 Wis. 2d 594 (Wis. 2006) (standard for determining knowing, voluntary, intelligent plea)
State v. Hoppe, 317 Wis. 2d 161 (Wis. 2009) (Bangert guidance on plea validity)
State v. Bangert, 131 Wis. 2d 246 (Wis. 1986) (plea colloquy requirements)
State v. Hampton, 274 Wis. 2d 379 (Wis. 2004) (court not bound by plea agreement; need caution in bargains)