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State of Iowa
v.
Matthew Gene Spaans
Appellee
State of Iowa
Appellant
Matthew Gene Spaans
Attorney for the Appellee
Katie Krickbaum, Assistant Attorney General
Attorney for the Appellant
Mary K. Conroy, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Sioux County, Tod J. Deck, Judge. SENTENCES VACATED AND REMANDED FOR RESENTENCING. Considered by Danilson, C.J., and Potterfield and Doyle, JJ. Opinion by Danilson, C.J. (9 pages)
Matthew Spaans appeals his sentence after pleading guilty to four counts of child endangerment. He contends he received ineffective assistance of counsel when his plea counsel failed to object to the State’s alleged breach of the plea agreement. He also contends the district court considered improper factors during sentencing and challenges a portion of the sentencing order related to appellate attorney fees. OPINION HOLDS: Because we conclude the district court relied upon an improper factor during sentencing, we vacate the defendant’s sentences and remand for resentencing.
