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Case No. 19-0748

State of Iowa
v.
Eric Michael Cole

Appellee

State of Iowa

Appellant

Eric Michael Cole

Attorneys for Appellee

Thomas E. Bakke, Assistant Attorney General

Attorneys for 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.

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