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STATE v. NIETZOLD

No. 2021AP21-CR.

986 N.W.2d 795 (2023)

2023 WI 22

STATE of Wisconsin, Plaintiff-Respondent-Petitioner, v. Robert K. NIETZOLD, Sr., Defendant-Appellant.

Supreme Court of Wisconsin.

Opinion Filed: March 28, 2023.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner, there were briefs filed by Jacob J. Wittwer , assistant attorney general, with whom on the briefs was Joshua L. Kaul , attorney general. There was an oral argument by Jacob J. Wittwer , assistant attorney general.

For the defendant-appellant, there was a brief filed by Philip J. Brehm and Philip J. Brehm Attorney at Law, Janesville. There was an oral argument by Philip J. Brehm .

An amicus curiae brief was filed by Ellen Henak , Robert R. Henak and Henak Law Office, S.C., Milwaukee, for the Wisconsin Association of Criminal Defense Lawyers.

HAGEDORN, J., delivered the majority opinion for a unanimous Court.

¶1 Plea agreements are a kind of contract. And just like contracts, they can be breached, and breaches sometimes cured. The central question in this case is whether a prosecutor cured the breach of a plea agreement when he initially recommended a specific term of imprisonment despite the State's agreement not to do so, but...

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