State of Iowa
v.
Mathew Gregory Andrew Whitten
Appellee
State of Iowa
Appellant
Mathew Gregory Andrew Whitten
Attorney for the Appellee
Timothy M. Hau, Assistant Attorney General
Attorney for the Appellant
Mary K. Conroy, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Jefferson County, Mary Ann Brown, Judge. SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING. Considered by Badding, P.J., Chicchelly, J., and Vogel, S.J. Opinion by Vogel, S.J. (7 pages)
A defendant who pleaded guilty to a felony offense and later had a deferred judgment revoked appeals his plea and sentence. OPINION HOLDS: Because the defendant has not alleged he would not have pleaded guilty but for the alleged defects in his plea, we lack authority to vacate his plea under Iowa Code section 814.29. As for his sentence, we agree the prosecutor breached the plea agreement by failing to recommend the criminal fine be suspended. Therefore, we vacate the sentence and remand for resentencing before a different judge.
