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AUSTIN v. STATE

No. State 17.

49 Wis.2d 727 (1971)

183 N.W.2d 56

AUSTIN, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided February 5, 1971.

Attorney(s) appearing for the Case

The cause was submitted for the plaintiff in error on the brief of James H. McDermott, state public defender, and for the defendant in error on the brief of Robert W. Warren, attorney general, E. Michael McCann, district attorney of Milwaukee county, and Joseph Wilson, assistant district attorney.

HALLOWS, C. J.

Lately, this court has been confronted with an increasing number of appeals involving negotiated-plea agreements in which the district attorney has agreed not to prosecute uncharged offenses if the defendant would agree to a "read in" of these uncharged offenses and to allow the court to take such offenses into consideration in sentencing him on the charged offense. The validity of such an agreement not to prosecute has not yet been the subject of a...

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