Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-1793

State of Iowa
Nicholas Wayne Burgess


State of Iowa


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:
Jan 09, 2020

            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.

© 2024 Iowa Judicial Branch. All Rights Reserved.