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State of Iowa
v.
Brian McConnelee
Appellee
State of Iowa
Appellant
Brian McConnelee
Attorney for the Appellee
Kyle P. Hanson, Assistant Attorney General
Attorney for the Appellant
John J. Bishop
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Buchanan County, Kellyann M. Lekar And David P. Odekirk, Judges. SENTENCES VACATED AND REMANDED FOR RESENTENCING. Considered by Potterfield, P.J., and Bower and McDonald, JJ. Opinion by Bower, J. (9 pages)
Brian McConnelee appeals his consecutive sentences for convictions of eight counts in three cases, claiming his counsel provided ineffective assistance by failing to object to the prosecutor’s alleged breach of the parties’ plea agreement. OPINION HOLDS: Defense counsel failed to perform an essential duty by failing to timely object to the prosecutor’s breach of the plea agreement. We presume McConnelee was prejudiced by defense counsel’s failure.
