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Case No. 19-0748

State of Iowa
Eric Michael Cole


State of Iowa


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:
Date Published:
Apr 15, 2020

            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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