State of Iowa
v.
James Milton Morgan Jr.
Appellee
State of Iowa
Appellant
James Milton Morgan Jr.
Attorney for the Appellee
Nicholas E. Siefert, Assistant Attorney General
Attorney for the Appellant
Rachel C. Regenold, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
23-2000
Date Published:
Jan 09, 2025
Summary
Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge. SENTENCE VACATED AND REMANDED FOR RESENTENCING. Considered by Tabor, C.J., and Chicchelly and Sandy, JJ. Opinion by Tabor, C.J. (5 pages)
James Morgan Jr. appeals his sentence for two burglary convictions, arguing that the prosecutor breached the plea agreement. OPINION HOLDS: Because the prosecutor appearing at Morgan’s sentencing violated the plea agreement by making no recommendation for concurrent sentences, we vacate the consecutive ten-year terms and remand for resentencing.
