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State of Iowa
v.
Eugene Frederick Wunschel Jr.
Appellee
State of Iowa
Appellant
Eugene Frederick Wunschel Jr.
Attorney for the Appellee
Joshua A. Duden, Assistant Attorney General
Attorney for the Appellant
Melinda J. Nye, Assistant Appellate Defender
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Sac County, Adria Kester, Judge. AFFIRMED. Considered by Tabor, C.J., and Greer and Schumacher, JJ. Opinion by Tabor, C.J. (7 pages)
Eugene Frederick Wunschel, Jr appeals his sentence following an Alford plea, arguing the State breached the plea agreement in a related case so the judge who sentenced that case should have recused herself from his sentencing. OPINION HOLDS: The sentencing in the related case is not part of this record, but even if we assume the State breached the plea agreement, Fred cannot show an abuse of discretion in his sentencing. He has not shown the district court harbored any bias stemming from an extrajudicial source. We find no abuse of discretion and affirm.
