State of Iowa
v.
Nicholas Wayne Burgess
Appellee
State of Iowa
Appellant
Nicholas Wayne Burgess
Attorney for the Appellee
Thomas E. Bakke, Assistant Attorney General
Attorney for the Appellant
William Monroe
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Lee (South) County, Mark E. Kruse and Michael J. Schilling, Judges. AFFIRMED. Considered by Bower, C.J., and May and Greer, JJ. Opinion by Bower, C.J. (9 pages)
Nicholas Burgess appeals from the sentence imposed upon his conviction for delivery of a schedule II controlled substance (morphine), contending the prosecutor breached the plea agreement to recommend a suspended sentence and his defense counsel was ineffective in not objecting. OPINION HOLDS: Given the favorable plea agreement offered by the State, Burgess’s extensive criminal history, and the PSI recommendation, it was reasonable for the prosecutor to acknowledge the defendant’s criminal history to explain the State’s recommendation for a suspended sentence. We therefore affirm.
