State of Iowa
v.
Eric Michael Cole
Appellee
State of Iowa
Appellant
Eric Michael Cole
Attorney for the Appellee
Thomas E. Bakke, Assistant Attorney General
Attorney for the Appellant
Peter Stiefel
Court of Appeals
Court of Appeals Opinion
Opinion Number:
19-0748
Date Published:
Apr 15, 2020
Summary
Appeal from the Iowa District Court for Johnson County, Mary E. Chicchelly, Judge. SENTENCE VACATED AND CASE REMANDED WITH DIRECTIONS. Considered by Bower, C.J., Greer, J., and Carr, S.J. Opinion by Carr, S.J. (3 pages)
Eric Cole appeals after pleading guilty to willful injury resulting in bodily injury and domestic abuse assault causing bodily injury. OPINION HOLDS: Cole’s counsel was ineffective by failing to object to the prosecutor’s breach of the plea agreement. We vacate his sentence and remand to the district court for resentencing before a different district court judge.
