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Case No. 17-1696

For summaries from opinions prior to August, 2018, view PDF versions here

State of Iowa
v.
Brian McConnelee

Appellee

State of Iowa

Appellant

Brian McConnelee

Attorneys for Appellee

Kyle P. Hanson, Assistant Attorney General

Attorneys for Appellant

John J. Bishop

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1696
Date Published:
Oct 10, 2018
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. 

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