State of Iowa
v.
Cody James Ruden
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:
Date Published:
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.