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STATE v. LIUKONEN

No. 03-1539-CR.

276 Wis.2d 64 (2004)

2004 WI App 157

686 N.W.2d 689

STATE of Wisconsin, Plaintiff-Respondent, v. Jesse LIUKONEN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 22, 2004.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Russell L. Hanson of Hanson Law Office, Westby.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of David J. Becker, assistant attorney general, and Peggy A. Lautenschlager, attorney general.

Before Vergeront, Lundsten and Higginbotham, JJ.

¶ 1. LUNDSTEN, J.

Jesse Liukonen asserts that he is entitled to resentencing before a new judge because the prosecutor breached the plea agreement during the sentencing hearing by, in effect, asking the sentencing judge to impose a harsher sentence than the one the prosecutor agreed to recommend. We agree with Liukonen that the prosecutor breached the plea agreement and agree that remand is necessary. We do not, however...

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