Skip to main content
Iowa Judicial Branch
Main Content

Case No. 20-0691

State of Iowa
Derek Alexander Westwater


State of Iowa


Derek Alexander Westwater

Attorney for the Appellee

Bridget A. Chambers, Assistant Attorney General

Attorney for the Appellant

Nan Jennisch, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Oct 20, 2021

            Appeal from the Iowa District Court for Lee (South) County, Mary Ann Brown, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            Derek Westwater challenges the sentence imposed after he pled guilty to delivery of methamphetamine, a class “B” felony.  As part of the plea agreement, the State was supposed to recommend Westwater’s sentence be served concurrent to his sentence in another case.  However, the State was silent on the issue whether the sentence should be served concurrently or consecutively.  Westwater appeals, claiming his trial counsel provided ineffective assistance by failing to object when the State breached the plea agreement.  OPINION HOLDS: Westwater has good cause to appeal and, applying State v. Boldon, 954 N.W.2d 62, 69 (Iowa 2021), we consider the merits of his claim the prosecutor breached the plea agreement directly.  We conclude the prosecutor breached the plea agreement, so we remand for resentencing in front of a different judge.

© 2023 Iowa Judicial Branch. All Rights Reserved.