State of Iowa
v.
Adam Michael Wade
Appellee
State of Iowa
Appellant
Adam Michael Wade
Attorney for the Appellee
Thomas E. Bakke, Assistant Attorney General
Attorney for the Appellant
Vidhya K. Reddy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Henry County, Joshua P. Schier, Judge. SENTENCE VACATED AND REMANDED FOR RESENTENCING. Considered by Tabor, P.J., and Schumacher and Ahlers, JJ. Opinion by Ahlers, J. (7 pages)
Adam Wade appeals his sentence for delivery of five grams or less of methamphetamine. He claims the State breached the plea agreement by not fully supporting the joint sentencing recommendation. OPINION HOLDS: The prosecutor breached the plea agreement by merely reciting rather than recommending the proposed sentence and by expressing implicit reservations about the joint sentencing recommendation by highlighting negative facts without further explanation. We must vacate the sentence and remand for resentencing before a different judge.