(Download) "State V. Liukonen" by State of Wisconsin in Court of Appeals District IV # eBook PDF Kindle ePub Free

eBook details

Title: State V. Liukonen
Author : State of Wisconsin in Court of Appeals District IV
Release Date : January 22, 2004
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

¶1. Jesse Liukonen asserts that he is entitled to resentencing before a new judge because the prosecutor breached the plea agreement during the sentencing hearing by, in effect, asking the sentencing judge to impose a harsher sentence than the one the prosecutor agreed to recommend. We agree with Liukonen that the prosecutor breached the plea agreement and agree that remand is necessary. We do not, however, order resentencing, but rather remand for further proceedings on the topic of ineffective assistance of counsel. This is necessary because Liukonen's plea breach claim was waived by the omission of an objection, because we cannot tell from the record whether Liukonen's counsel had a strategic reason for failing to object, and because the record does not disclose whether counsel consulted with Liukonen about the plea breach before proceeding with sentencing. As explained below, the need to resentence Liukonen before a new judge hinges on the outcome of that proceeding.