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STATE v. WESLEY

No. 2008AP1338-CR.

772 N.W.2d 232 (2009)

2009 WI App 118

STATE of Wisconsin, Plaintiff-Respondent v. Richard L. WESLEY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed June 24, 2009.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Alvin R. Ugent of Podell, Ugent & Haney, S.C. of Milwaukee. There was oral argument by Robert Haney.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Katherine D. Lloyd, assistant attorney general, and J.B. Van Hollen, attorney general. There was oral argument by Katherine D. Lloyd.

BROWN, C.J., ANDERSON, P.J., and SNYDER, J.

¶ 1 BROWN, C.J.

Richard L. Wesley struck a bargain with the State to plead guilty to a hit-and-run felony in return for a "dismissal outright" of a negligent homicide by use of a motor vehicle charge. At sentencing, however, the State narrated the account of another driver who witnessed what can charitably be described as Wesley's "negligent" driving behavior just prior to the hit-and-run and also underscored Wesley's own admission that he was looking down and...

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