839 N.W.2d 877
Wis. Ct. App.2013Background
- Reed pled no contest to substantial battery; the State dismissed other counts and promised no sentencing recommendation.
- The plea allowed the State to withdraw before sentencing if Reed commits new or additional crimes.
- Pending sentencing, Reed faced new charges including battery and related offenses.
- At sentencing, the State sought to change its recommendation based on the new charges; Reed sought withdrawal of the plea.
- Circuit court held Reed breached the plea; it allowed the State to recommend time at sentencing; Reed was sentenced to three years' initial confinement and two years' extended supervision.
- On appeal, Reed argues the State breached the plea and the remedy should be withdrawal of the plea; the State contends Reed's new charges constitute a substantial breach and the remedy was within the court's discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Reed's new charges constitute a breach of the plea? | Reed: no proven new crimes; probable cause findings not guilt. | State: new charges = substantial, material breach. | Yes; new charges substantial breach. |
| Whether the State was entitled to a different sentencing recommendation after breach? | Reed: breach invalidates any State recommendation. | State: breach allows modified recommendation. | Authorized; court may permit recommendation. |
| Whether the circuit court's remedy was appropriate given the breach? | Reed: remedy should be withdrawal of plea. | State: remedy should balance interests; not vacate entire agreement. | Remedy within discretion; affirm. |
| What standard governs review of plea-breach remedies in Wisconsin? | Reed: review de novo for breach; remedy error. | State: defer to circuit court discretion with reasoned basis. | Discretionary; affirmed with reasonable basis. |
Key Cases Cited
- State v. Williams, 249 Wis. 2d 492 (2002 WI) (breach of plea and remedy reviewed de novo for breach; discretion for remedy)
- State v. Howard, 246 Wis. 2d 475 (2001 WI App) (not every breach warrants remedy; substantial and material breach required)
- State v. Robinson, 249 Wis. 2d 553 (2002 WI) (remedies depend on circumstances; balance interests)
- State v. Deilke, 274 Wis. 2d 595 (2004 WI) (discretion to determine remedy after breach)
- State v. Rivest, 106 Wis. 2d 406 (1982 WI) (sentencing court's discretion on plea-related remedies)
- State v. Roou, 2007 WI App 193 (2007 WI App) (review of remedy for breach; erroneous exercise standard)
- State v. Leitner, 2002 WI 77 (2002 WI) (sentencing considerations include pending charges)