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STATE v. SMITH

Nos. 94-3364-CR, 94-3365-CR, 94-3366-CR, 94-3367-CR.

198 Wis.2d 820 (1995)

543 N.W.2d 836

STATE of Wisconsin, Plaintiff-Respondent, v. Tony M. SMITH, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 26, 1995.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of John Allan Pray of Legal Assistance Program University of Wisconsin Law School of Madison.

For the plaintiff-respondent the cause was submitted on the briefs of James E. Doyle, attorney general and William L. Gansner, assistant attorney general.

Before Wedemeyer, P.J., Fine and Schudson, JJ.

WEDEMEYER, P.J.

Tony M. Smith appeals from an order denying his postconviction motion. Smith pleaded no contest to one count of burglary and pleaded guilty to three misdemeanors: attempted theft, entry into a locked vehicle, and criminal damage to property. Smith seeks resentencing on the grounds that his counsel provided ineffective assistance by failing to object at the sentencing hearing when the prosecutor breached the plea bargain. Because Smith's counsel's performance...

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