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STATE v. PASKE

Nos. 84-333, 84-334, 84-335, 84-336.

121 Wis.2d 471 (1984)

360 N.W.2d 695

STATE of Wisconsin, Plaintiff-Respondent, v. Richard E. PASKE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 7, 1984.

Attorney(s) appearing for the Case

For the defendant-appellant, the cause was submitted on the briefs of Stephen M. Glynn and Michael J. Cohn, of Shellow, Shellow & Glynn, S.C., of Milwaukee.

For the plaintiff-respondent, the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Sally L. Wellman, assistant attorney general.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

Richard E. Paske appeals an order of the trial court denying him an evidentiary hearing on an alleged breach of a plea agreement by the prosecution. We conclude Paske waived his right to such a hearing by expressly choosing to proceed with the sentencing after being made aware of the change in the prosecutor's sentencing recommendation and by failing to request, at the time of sentencing, to withdraw his previous pleas or to have the plea agreement...

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