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Case No. 18-0577

State of Iowa
v.
Matthew Gene Spaans

Appellee

State of Iowa

Appellant

Matthew Gene Spaans

Attorneys for Appellee

Katie Krickbaum, Assistant Attorney General

Attorneys for Appellant

Mary K. Conroy, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0577
Date Published:
Dec 19, 2018
Summary

            Appeal from the Iowa District Court for Sioux County, Tod J. Deck, Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Danilson, C.J.  (9 pages)

            Matthew Spaans appeals his sentence after pleading guilty to four counts of child endangerment.  He contends he received ineffective assistance of counsel when his plea counsel failed to object to the State’s alleged breach of the plea agreement.  He also contends the district court considered improper factors during sentencing and challenges a portion of the sentencing order related to appellate attorney fees.  OPINION HOLDS: Because we conclude the district court relied upon an improper factor during sentencing, we vacate the defendant’s sentences and remand for resentencing.

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