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STATE v. POOLE

No. 85-0829-CR.

131 Wis.2d 359 (1986)

389 N.W.2d 40

STATE of Wisconsin, Plaintiff-Respondent, v. Joseph H. POOLE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 25, 1986.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Steven P. Weiss, assistant state public defender.

For the respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Kirbie Knutson, assistant attorney general.

Before Gartzke, P.J., Dykman, J. and Eich, J.

DYKMAN, J.

Defendant appeals from an order denying his motion for postconviction relief. The issues are: (1) whether the prosecutor failed to carry out the terms of a plea agreement; and (2) whether Poole was entitled to withdraw his plea when the court determined it would not sentence him in accordance with the plea agreement. We conclude that the state may not undercut a sentencing recommendation bargained for under a plea agreement, and therefore reverse and remand...

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