Wisconsin v. Oakley

629 N.W.2d 200 (2001)

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Nature of the Case

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Facts

D was charged with intentionally refusing to pay child support for his nine children he has fathered with four different women. D and Wisconsin (P) entered into a plea agreement on the seven counts. P after learning that D's probation in Sheboygan County was in the process of being revoked, moved at sentencing to withdraw the plea agreement. The circuit court for Manitowoc County, Fred H. Hazlewood, Judge, granted P's motion. D got a plea deal from P that it would cap its sentencing recommendation to a total of six years on all counts. D had paid no child support and was in arrears in excess of $25,000. D asked for the opportunity to maintain full-time employment, provide for his children, and make serious payment towards his arrears. The judge sentenced D to three years in prison on the first count, imposed and stayed an eight-year term on the two other counts, and imposed a five-year term of probation consecutive to his incarceration. The judge imposed the condition that D cannot have any more children unless he demonstrates that he had the ability to support them and that he is supporting the children he already had. D filed for post-conviction relief contesting this condition and P's withdrawal from the first plea agreement. The court of appeals affirmed the circuit court's rulings on both issues. This appeal resulted.