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Case No. 21-0762

State of Iowa
v.
Michael Lynn Cosper, Jr.

Appellee

State of Iowa

Appellant

Michael Lynn Cosper, Jr.

Attorney for the Appellee

Genevieve Reinkoester, Assistant Attorney General

Attorney for the Appellant

Bradley M. Bender, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0762
Date Published:
Mar 02, 2022
Summary

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Greer, J. (10 pages)

            Michael Cosper Jr. appeals his sentencing following a guilty plea.  Though the plea agreement outlined a contested sentencing hearing, Cosper argues that the prosecutor violated the terms and spirit of his plea agreement by referencing his criminal history.  He also believes the district court abused its discretion by imposing consecutive sentences.  OPINION HOLDS:  Because the prosecutor did not violate the terms of the agreement or express material reservations about them, there was no prosecutorial misconduct that would invalidate the sentence.  As the district court provided sufficient explanation for its sentencing decision, it did not abuse its discretion.  We affirm the sentence.  

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