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STATE v. ZUNIGA

No. 01-2806-CR.

257 Wis.2d 625 (2002)

2002 WI App 233

652 N.W.2d 423

STATE of Wisconsin, Plaintiff-Respondent, v. Scott G. ZUNIGA, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 14, 2002.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Chad G. Kerkman of Kerkman Law Offices, S.C., of Twin Lakes.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Alan Lee, assistant attorney general.

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

¶ 1. BROWN, J.

Scott G. Zuniga appeals from a judgment of conviction and an order denying his motion for resentencing. He asserts that the State willfully breached his plea agreement by failing to present the negotiated sentencing recommendation. He now seeks specific performance of the plea agreement. In our view, at a bond hearing which occurred prior to sentencing, the parties agreed to amend the sentencing proposal to allow the State to offer a harsher sentence...

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