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State of Iowa
v.
Tiffany Marie Pennington
Appellee
State of Iowa
Appellant
Tiffany Marie Pennington
Attorney for the Appellee
Bridget A. Chambers, Assistant Attorney General
Attorney for the Appellant
Shawn C. McCullough
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Lee (North) County, John M. Wright, Judges. SENTENCE VACATED AND REMANDED FOR RESENTENCING. Considered by Vaitheswaran, P.J., and Tabor and May, JJ. Opinion by Tabor, J. (7 pages)
A defendant appeals her sentence following her guilty plea for possession of methamphetamine. She contends the State breached the plea agreement by giving only a halfhearted recommendation for a suspended sentence and plea counsel was ineffective for not objecting. OPINION HOLDS: We find the State injected “material reservations” about the defendant’s prospects for success on probation, and counsel had a duty to object. Prejudice is presumed in these circumstances. Accordingly, we vacate the sentence and remand for resentencing.
