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Case No. 22-0765

State of Iowa
v.
Adam Michael Wade

County:
Henry

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:
22-0765
Date Published:
Apr 12, 2023
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.

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