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Case No. 18-1628

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

State of Iowa
Tiffany Marie Pennington


State of Iowa


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:
Oct 09, 2019

            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. 

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