State of Iowa
v.
Derek Alexander Westwater
Appellee
State of Iowa
Appellant
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:
Summary
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.
