State of Iowa
v.
John Robert Grafton
Appellee
State of Iowa
Appellant
John Robert Grafton
Attorney for the Appellee
Joshua Henry and Darrel Mullins, Assistant Attorneys General
Attorney for the Appellant
Martha J. Lucey, State Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Stuart Werling, Judge. SENTENCES VACATED AND REMANDED FOR RESENTENCING WITH DIRECTIONS. Heard by Greer, P.J., and Langholz and Sandy, JJ. Opinion by Sandy, J. (14 pages)
John Grafton entered into a universal plea agreement with the State to resolve three separate criminal cases pending against him. Grafton maintains the plea agreement he entered into was an Iowa Rule of Criminal Procedure 2.10(3) plea agreement conditioned on the district court’s concurrence. At the conclusion of his sentencing hearing, the district court rejected Grafton’s plea agreement and imposed a harsher sentence than the one contemplated by his agreement. On appeal, Grafton challenges his sentence arguing (1) he should have been given an opportunity to withdraw his plea; (2) the sentence violates double jeopardy; and (3) the district court abused its discretion in sentencing him. OPINION HOLDS: Because we find Grafton entered into a rule 2.10(3) plea agreement conditioned on the district court’s concurrence and the court rejected his agreement, we conclude the district court should have granted him an opportunity to withdraw his plea. Accordingly, we vacate his sentences and remand for resentencing. Because we find Grafton’s rule 2.10(3) claim to be dispositive, we do not address his remaining claims.
