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STATE v. SMITH

No. 89-0779.

153 Wis.2d 739 (1989)

451 N.W.2d 794

STATE of Wisconsin, Plaintiff-Respondent, v. Mickey Lee SMITH, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 20, 1989.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of William M. Calhoun, Jr. of Legal Assistance to Institutionalized Persons Program of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Donald J. Hanaway, attorney general and Barry M. Levenson, assistant attorney general.

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

NETTESHEIM, J.

Mickey Lee Smith appeals from an order denying his motion for postconviction relief pursuant to sec. 974.06, Stats. In his motion, Smith sought relief from the sentences imposed pursuant to a plea agreement whereby he entered pleas of no contest to charges of injury by conduct regardless of life and armed robbery.

The issue raised by Smith is whether he is entitled to relief from the sentences on the ground that the district attorney breached...

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