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Case No. 19-2029

State of Iowa
v.
Jennifer Lynn Tucker

Appellee

State of Iowa

Appellant

Jennifer Lynn Tucker

Attorney for the Appellee

Israel Kodiaga, Assistant Attorney General

Attorney for the Appellant

Theresa R. Wilson, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-2029
Date Published:
Feb 17, 2021
Summary

            Appeal from the Iowa District Court for Des Moines County, Mark E. Kruse, Judge.  REVERSED AND REMANDED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Doyle, P.J. (13 pages)

            Jennifer Tucker appeals her convictions for possession with intent to deliver drugs.  Among other things, she argues the district court erred in denying her motion to dismiss and to enforce her cooperation agreement.  OPINION HOLDS: The State did not carry its burden to show that Tucker agreed to perform additional duties with the drug task force or to testify a second time at her co-accused’s retrial.  The devil is in the details, and here there were no details.  Although Tucker did not perform as the State wished, Tucker performed as required under her agreement with the State.  In repudiating the agreement, the State breached the agreement.  For these reasons, we grant specific performance here and reverse the denial of Tucker's motion to dismiss.  We vacate the drug convictions and sentences and remand for dismissal of the drug charges in accordance with the agreement.

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