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Case No. 23-0171

State of Iowa
v.
Cody James Ruden

County:
Linn

Appellee

State of Iowa

Appellant

Cody James Ruden

Attorney for the Appellee

Genevieve Reinkoester, Assistant Attorney General

Attorney for the Appellant

Charles D. Paul

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0171
Date Published:
Aug 21, 2024
Summary

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers, J., and Badding, JJ.  Opinion by Schumacher, J.  (13 pages)

            In this direct appeal, Cody Ruden appeals the sentences imposed following his guilty pleas, claiming ineffective assistance of counsel and violation of the plea agreement by the prosecutor.  OPINION HOLDS:  We lack authority to address Ruden’s ineffective assistance claim on direct appeal.  And the State did not breach a promise in arguing for incarceration as agreed to in the plea agreement.  Accordingly, we affirm.  DISSENT ASSERTS: I view the prosecutor’s sentencing recommendation as a violation of the plea agreement because the prosecutor failed to adequately endorse the State’s sentencing recommendation and impliedly expressed reservations about the recommendation.  I would vacate the sentences and remand for resentencing before a different judge.

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